Description of Conduct
On 3 December 2021, the ACCC received an application for authorisation from Juno Pharmaceuticals Pty Ltd (Juno), Natco Pharma Ltd (Natco), Celgene Corporation and Celgene Pty Ltd (together, Celgene) (altogether, the Applicants).
The Applicants sought authorisation to enter into, and give effect to, certain operative provisions of a settlement and licence agreement that would enable Juno and Natco to bring to market generic versions of Revlimid® and Pomalyst® from a specified launch date for each drug. The Applicants sought authorisation until 2 August 2027, when the last of the relevant Celgene patents is due to expire.
The Applicants sought authorisation to settle a patent dispute before the Federal Court of Australia.
On 23 March 2022, the ACCC issued a draft determination proposing to deny authorisation.
On 27 May 2022, the date by which the ACCC must make a final determination was extended, with the agreement of the Applicants, until 29 July 2022.
On 29 July 2022, the Applicants withdrew their application for authorisation. Please see the ‘Applicants to ACCC re Withdrawal of Application’ document below for further details.
Applicant(s)
- Juno Pharmaceuticals Pty Ltd
- Celgene Corporation
- Natco Pharma Ltd
- Celgene Pty Ltd