Archive · 3 Nov 2025
CCI Lacks Power to Examine Patent Disputes, Rules Appellate Tribunal
Imagine there are two sets of rules for companies.
One set is about fair competition, making sure companies play nicely and don't cheat.
The other set is about protecting new inventions, like special medicines, for a certain period.
A company that makes a special injection for anemia had a complaint filed against it, saying it was being unfair.
But a higher court said that the people who watch over fair competition (the CCI) can't really look into this problem.
This is because the special injection was protected by a patent, which is a different set of rules.
The court explained that the rules for protecting inventions (the Patent Act) are more important in this situation than the rules for fair competition (the Competition Act).
So, even though the complaint was about unfairness, the competition watchdog couldn't investigate it because it was about a patented item.
The court mentioned that this has been decided by higher courts before.
The patent for this specific injection has now expired, but the court still ruled on the principle.
The National Company Law Appellate Tribunal (NCLAT) ruled the CCI lacks power to examine patent-related disputes.
NCLAT stated the Patent Act prevails over the Competition Act in matters concerning patented inventions.
The ruling dismissed an appeal concerning a complaint against Vifor International over its Ferric Carboxymaltose (FCM) injection.
The complainant alleged anti-competitive conduct by Vifor, leading to inaccessible and unaffordable FCM injections for patients with Iron Deficiency Anaemia.
NCLAT cited previous High Court and Supreme Court judgments in its decision, noting the FCM patent has now expired.
- Who
- The National Company Law Appellate Tribunal (NCLAT)
- What
- Ruled that the Competition Commission of India (CCI) does not have the authority to examine disputes related to patent matters, stating the Patent Act supersedes the Competition Act.
- When
- Recently, in dismissing an appeal against a CCI order.
- Where
- New Delhi, India
- Why
- Because the subject matter of the dispute involved a patented drug (Ferric Carboxymaltose), and according to previous court judgments, the Patent Act takes precedence over the Competition Act in such cases.
Appellant (Swapan Dey)
Respondent (Vifor International)
Jurisdiction of CCI
Appellant (Swapan Dey)
Argued that CCI should have examined the 'relevant market' and 'dominant position' of Vifor, and conducted an ex-post analysis for violations.
Respondent (Vifor International)
Challenged CCI's jurisdiction, stating the matter is governed by the Patent Act, not the Competition Act.
Nature of the Dispute
Appellant (Swapan Dey)
Alleged anti-competitive and abusive conduct by Vifor led to inaccessible and unaffordable FCM injections for patients.
Respondent (Vifor International)
Contended that the issue pertains to patent rights over FCM, and that the patent has now expired and the drug is in the public domain.
- Appellate Tribunal
- National Company Law Appellate Tribunal (NCLAT)
- Regulator
- Competition Commission of India (CCI)
- Company Involved
- Vifor International (AG), Switzerland
- Drug
- Ferric Carboxymaltose (FCM) injection
- Condition Treated
- Iron Deficiency Anaemia (IDA)
- Patent Expiry Date
- October 21, 2023