COMCO : Investigation on use of patents
Bern, 15.09.2022 - The Swiss Competition Commission (COMCO) has opened an investigation against a Swiss pharmaceutical company concerning a possible unlawful use of a patent to reduce competitive pressure.
On September 13, 2022, COMCO opened an investigation against a Swiss pharmaceutical company and conducted a dawn raid at its premises. This company allegedly attempted to protect its drug for the treatment of skin diseases against competing products by using one of its patents to initiate litigation proceedings.
This investigation aims to determine whether the alleged behavior constitutes the use of a so-called blocking patent, which might amount to an unlawful abuse of an allegedly dominant position according to the Swiss Cartel Act.
The COMCO has cooperated with the European Commission. This cooperation is, since 2014, based on the bilateral agreement between Switzerland and the European Union concerning cooperation on the application of their competition laws.
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