New Delhi, October 30, 2025 — India’s National Company Law Appellate Tribunal (NCLAT) has dismissed an appeal against the Competition Commission of India (CCI) in a case alleging abuse of dominance by Swiss drugmaker Vifor International AG, holding that patent matters fall under the Patents Act, not the Competition Act.
Jurisdictional Boundaries
The ruling follows a series of judgments culminating in the Supreme Court’s September 2025 order upholding the Delhi High Court’s view that the Patents Act prevails over the Competition Act when disputes arise from the exercise of patent rights. The tribunal said CCI, therefore, lacked authority to probe alleged anti-competitive conduct linked to patented drugs.
Case Background
The appeal had been filed by a hospital CEO who accused Vifor of restricting access to its patented Ferric Carboxymaltose (FCM) injection used to treat iron deficiency anaemia. The CCI had earlier rejected the complaint in 2022, finding no evidence of anti-competitive agreements or abuse of dominance in Vifor’s licensing deals with Lupin and Emcure Pharmaceuticals.
Tribunal’s Findings
NCLAT noted that Vifor’s patent for FCM expired in October 2023, making the molecule freely available for manufacture. Citing Section 3(5) of the Competition Act — which protects the right of patentees to impose reasonable conditions to safeguard intellectual property — the bench ruled that CCI’s jurisdiction “does not extend to matters governed by the Patents Act.”
The case is 5/ND/2023 Swapan Dey v. CCI & Vifor International AG before the National Company Law Appellate Tribunal.
Source: https://nclat.nic.in/display-board/judge
