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"The Association has claimed that the highest market share of single formulator is 21.89%. This claim is based on consideration of sale values of both single ingredient and combination products of Cloxacillin. However, the highest market share of single drug ingredient formulation of a particular formulator works out to 93.07% which is more than the stipulated level of 40%."

Thus, there is controversy regarding the number of formulators and their market share.

7.5 Cyproflaxacin: The 2nd petitioner in writ petition No. 3449 of 1996, namely, Ranbaxy Laboratories Ltd. produced the said bulk drug during the relevant period and captively consumed the same in the manufacture of formulations marketed under the brand name of Cifran both in India and foreign countries. The petitioner in W.P.No. 1974 of 2000 is Cipla Ltd. Inter alia, it is engaged in the manufacture and sale of formulations of the drug Cyproflaxacin. According to Ranbaxy Ltd., the annual domestic turnover of the drug for the year ending March, 1990 was Rs.238 lacs and according to the Cipla Ltd., it was Rs.243 lacs excluding the hospital and institutional sales to the extent of 15%. It is therefore contended that the drug stands excluded under clause (i) of para 22.7.2 of the Drugs Policy. It is their further contention that there was no monopoly situation as contemplated by clause (ii) inasmuch as there was no single formulator having 90% or more market share in the retail trade as per ORG data. The said turnover was calculated on the basis of estimated consumption purportedly arrived at with reference to the data relating to sales formulations given in ORG publication. The quantum of consumption was then multiplied by the then prevailing market price. However, a different method of calculation of turnover was spelt out in the representation dated 7.3.1995 submitted by Ranbaxy Ltd., to Government of India (vide Ext.B in W.P.No. 3449 of 1996). According to that calculation, the turnover is Rs.280 lacs.