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.


Address for enquiries

Patrik Ducrey
Director
058 464 96 78
079 345 01 44
patrik.ducrey@weko.admin.ch

Olivier Schaller
Vice director
058 462 21 23
079 703 80 07
olivier.schaller@weko.admin.ch



Publisher

Competition Commission
http://www.weko.admin.ch/

https://www.admin.ch/content/gov/en/start/documentation/media-releases.msg-id-90320.html