Novartis and patent litigation to stop rival

Novartis has avoided antitrust charges in the EU and Switzerland after both regulators concluded their investigations into the company’s patent practices. 

The cases,  which began in 2022, focused on whether Novartis was using patent litigation strategies to block competition from Eli Lilly's rival drug. Novartis was acquiring patents for a psoriasis drug from Genetech and then enforce them against rival drugmaker Eli Lily’s product, Cosentyx.

Swiss authorities conducted raids at Novartis’s Basel headquarters, while the European Commission sent formal requests.

Both regulators closed their probes, stating there was no evidence of illegal conduct or abuse of market power. Novartis maintained that its actions were in compliance with competition laws, emphasising that it lawfully enforced its patent rights. The European Commission clarified that closing the preliminary investigation does not confirm compliance with EU rules but indicated insufficient grounds to proceed further. The patent dispute between Novartis and Eli Lilly was settled in February 2023.