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Supreme Court of India 2019-11-15 dismissed

T.C. Healthcare P. Ltd. & Anr vs Union of India & Anr

Bench: 3 — <UNKNOWN>

In Brief

This appeal concerns the fixation of ceiling prices for pharmaceutical products under India's drug price control regime. The appellants challenged the price fixed by the NPPA, arguing that their products used special sustained-release and continuous-release technologies that were not accounted for in the price fixation norms. The Court held that the DPCO framework explicitly recognizes sustained-release technologies, and the appellants had a duty to approach the NPPA with specific claims about their product features. By failing to do so, they could not later challenge the price fixation. The appeal was dismissed.

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Administrative Law Pharmaceutical Regulation Price Control Drug Pricing

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