Federal Court of Appeal Canada v GlaxoSmithKline Inc

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transfer pricing competitive external market


nadon j.a. subsequently listed following circumstances of considered reasonable in case @ bar:



consequently, in circumstances, possibility open appellant have been enter generic market cost of entry market have been high, considering both apotex , novopharm placed , positioned. without license agreement, appellant not have had access portfolio of other patented , trademarked products had access under license agreement.


the appeal allowed costs, setting aside tax court’s decision, , matter returned trial judge rehearing , reconsideration of matter in light of fca s reasons.


an appeal crown on reversal, , cross-appeal gsk respect case being returned tcc rehearing, subsequently made supreme court of canada, heard case on 13 january 2012.








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