LAWS(KAR)-2020-11-338

UNITED STATES FEDERAL TRADE COMMISSION Vs. NIL

Decided On November 23, 2020
United States Federal Trade Commission Appellant
V/S
NIL Respondents

JUDGEMENT

(1.) Petitioner happens to be a plaintiff along with the Federal Provinces in Case 1:20-cv-00706-DLC wherein VYERA PHARMACEUTICALS and two others are the defendants; the said case is pending consideration on the R file of the Hon ble District Court for the Southern District of New York, USA; the case involves an allegation that by employing an unlawful anti-competitive scheme, the defendants have blocked lower-cost generic competition to Daraprim, an essential drug used for treating the potentially fatal parasitic infection namely, Toxoplasmosis.

(2.) Petitioner S application for securing the oral and documentary evidence in terms of The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters of March 18, 1970 having been favoured, the said Court has approved the Letter of Request for the collection and recording of evidence, and pursuance thereof the petition at hands, has arisen.

(3.) Having heard the learned counsel for the petitioner and having perused the petition papers, this Court is of the considered opinion that the prayers made merit grant because: