A review of the competition authorities' enforcement activity against restrictive agreements and abuse of dominance in United Kingdom, including significant recent cases, trends and outlook.
25 February 2021
Last year, the Competition and Markets Authority (CMA) concluded its investigation into the supply of nortriptyline, a drug relied on by thousands of patients daily to relieve symptoms of depression.
The CMA found that pharmaceutical firm Lexon, along with King Pharmaceuticals Ltd and Alissa Healthcare Research Ltd, had illegally shared commercially sensitive information to try to keep nortriptyline prices up. From 2015 to 2017, when the cost of the drug was falling, the 3 suppliers exchanged information about prices, the volumes they were supplying, and Alissa’s plans to enter the market.
As a result, the CMA fined all 3 companies, fining Lexon a total of £1,220,383. Lexon maintained that it had not broken the law and so appealed against the decision and the fine.