The pharmaceutical manufacturing company Celgene and generic drug companies, Juno and Natco have withdrawn their application to the ACCC for an authorisation for the provisions of a settlement and licence agreement. The companies sought ACCC authorisation to settle a patent dispute before the
The withdrawal of the request for authorisation follows the ACCC's draft determination and ends the ACCC's consideration of this issue.
ACCC authorisation provides protection from legal action for arrangements that risk breaching competition law.
Withdrawing the authorisation does not prevent the applicants from settling the patent dispute proceedings nor from agreeing to a licence agreement on terms that do not risk breaching competition laws.
Further information is available on the ACCC's Public register here:
Background
Celgene is
Celgene is the manufacturer of Revlimid® (active ingredient lenalidomide) and Pomalyst® (active ingredient pomalidomide) which are immunomodulatory drugs for the treatment of some blood cancers. Celgene owns several patents in relation to each of these products.
Juno is
Natco is
The applicants sought authorisation for certain provisions of the settlement and licence agreement because they considered there was a risk that the agreement contained provisions which raise concerns under the cartel provisions of the Competition and Consumer Act.
https://www.accc.gov.au
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