The ruling of Chamber 1 of the National Court of Appeals in Federal Civil and Commercial Matters dated June 14, 2022, which had confirmed a decision of the Secretary of Domestic Trade closing the file on a complaint for predatory practices brought by Tuteur S.A. (Tuteur) against Millennium Pharmaceuticals (Millennium) and Janssen Cilag Farmacéutica S.A. (Janssen) for predatory practices, has become final (sentence of June 14, 2022, , Case No. 7344/2020, “Tuteur S.A.C.I.F.I.A. on Appeal Against Ruling Issued by the National Commission for the Defense of Competition” ).
As we reported in our newsletter of October 2022 (Be News No. 18), the Court had ruled that the enforcement of a patent, carried out during its term of validity, could not, per se, constitute an undue restraint of competition. That judgment became final because the Court rejected the extraordinary appeal filed against it by the plaintiff, who later informed that it would withdraw the complaint appeal (recurso de queja) it had subsequently filed with the Supreme Court of Justice.
Briefly reviewing the circumstances of this case, in 2015 Tuteur had filed a complaint with the National Commission for the Defense of Competition (CNDC, after its acronym in Spanish) against Millennium and Janssen...
