Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AstraZeneca Pty Ltd v GlaxoSmithKline Australia Pty Ltd [2005] FCA 1645 TRADE PRACTICES – Consumer Protection – Misleading or Deceptive Conduct – False Representations – where pharmaceutical company used 'Total Control' slogan in asthma drug advertising – where advertisements footnoted or quoted scientific study – where relevant consumer group prescribing General Practitioners – whether contravention of Part V, Trade Practices Act 1974 (Cth)
Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177, applied Campomar Sociedad Limitada v Nike International Ltd (2000) 202 CLR 45, applied Parkdale Custombuilt Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191, applied Johnson Tiles Pty Ltd v Esso Australia Ltd (2000) 104 FCR 564 , applied ASTRAZENECA PTY LIMITED v GLAXOSMITHKLINE AUSTRALIA PTY LIMITED NSD 707 OF 2005 EDMONDS J 16 NOVEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 707 OF 2005
BETWEEN: ASTRAZENECA PTY LIMITED
APPLICANT
AND: GLAXOSMITHKLINE AUSTRALIA PTY LIMITED
RESPONDENT
JUDGE: EDMONDS J
DATE OF ORDER: 16 NOVEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 707 OF 2005
BETWEEN: ASTRAZENECA PTY LIMITED
APPLICANT
AND: GLAXOSMITHKLINE AUSTRALIA PTY LIMITED
RESPONDENT
JUDGE: EDMONDS J
DATE: 16 NOVEMBER 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT
Edmonds J: 1 The applicant, AstraZeneca Pty Limited ('AstraZeneca'), is an Australian company and a member of the AstraZeneca Group, a Swedish-English global pharmaceutical company. AstraZeneca manufacturers and markets in Australia a range of therapeutic products including medications for the control of the symptoms of asthma. 2 The respondent, GlaxoSmithKline Australia Pty Limited ('GSK'), is also an Australian company and a member of the global GlaxoSmithKline Group. GSK also manufactures and markets in Australia a range of therapeutic and other health care products including medications for the control of the symptoms of asthma. Its leading medication is sold under the brand name 'Seretide'.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate