皇冠体育app

Case timetable

Date	Action
15 December 2021	Non-confidential infringement decision published
September 2021 to October 2021	Advanz Pharma, Cinven and HgCapital filed appeals in the Competition Appeal Tribunal against the CMA鈥檚 findings in the Infringement Decision. 皇冠体育app CMA will defend the appeal
29 July 2021	Infringement Decision issued: unfair pricing abuse in relation to Liothyronine tablets
July 2020	Supplementary statement of objections issued
June 2019	High Court judgment rejecting Advanz Pharma鈥檚 judicial review application
January 2019	Supplementary statement of objections issued
November 2017	Statement of objections issued
November 2017	Decision whether to proceed with the investigation
May 2017	Decision to proceed with the investigation
October 2016 to April 2017	Initial investigation, information gathering, including issuance of formal or information requests and parties鈥� responses. CMA analysis and review of parties鈥� responses to information requests. Potential state of play meetings with parties under investigation
October 2016	Investigation opened

Change log

皇冠体育app following changes have been made since the case was opened in October 2016:

Date of change	Reason for change	Change made to
July 2020	Decision to issue supplementary statement of objections	Date of issue of supplementary statement of objections
June 2019	Advanz brought judicial review proceedings; the High Court rejected its application	Date of judgment and explanation of the decision
January 2019	Decision to issue supplementary statement of objections	Date of issue of supplementary statement of objections
January 2018	Decision to focus investigation exclusively on liothyronine and de-prioritise investigation into another product	Focussing of investigation exclusively on liothyronine
16 October 2017	Additional time for evidence gathering and analysis	Date of decision on whether or not to proceed with the investigation extended from September 2017 to November 2017
20 March 2017	Additional time for evidence gathering and analysis	Date of decision on whether or not to proceed with the investigation extended from April 2017 to May 2017
20 January 2017	Additional time for evidence gathering and analysis	Date of decision on whether or not to proceed with the investigation extended from February to April 2017

Court of Appeal judgment

8 May 2025: 皇冠体育app Court of Appeal has unanimously refused Advanz Pharma and Cinven permission to appeal against the Competition Appeal Tribunal (CAT) judgment and has overturned the CAT鈥檚 penalty reduction for Cinven following a cross-appeal by the CMA.

• Press release: Court upholds CMA鈥檚 拢99m fine on pharma over excessive NHS thyroid drug prices (8.5.25)
• (8.5.25)

Competition Appeal Tribunal judgment

8 August 2023: 皇冠体育app CAT has upheld the CMA鈥檚 findings on liability in all respects, amending the fine to 拢84.2 million.

• Press notice: CMA defeats legal challenge in medicine pricing case (8.8.23)
• (8.8.23)

Non-confidential infringement decision

15 December 2021: 皇冠体育app CMA has published a non-confidential version of the decision in which the CMA fined Advanz Pharma, Cinven and HgCapital over 拢100 million for their involvement in the charging of excessive and unfair prices in the supply of liothyronine tablets in the UK.

• (15.12.21)
• (15.12.21)
• Annex 2 (redacted in full)
• (15.12.21)
• (15.12.21)
• (15.12.21)
• (15.12.21)
• (15.12.21)
• Annex 8 (redacted in full)

Infringement decision

29 July 2021: 皇冠体育app CMA has found competition law breaches in relation to the supply of 20mcg Liothyronine tablets in the UK.

• Press notice: CMA fines pharma firm over pricing of crucial thyroid drug (29.7.21)

Supplementary statement of objections

On 10 July, the CMA issued a supplementary statement of objections. 皇冠体育app statement addresses issues arising from the Court of Appeal鈥檚 judgment of 10 March 2020 in the phenytoin litigation 鈥� a case which relates to excessive and unfair pricing in the pharmaceuticals sector.

皇冠体育app CMA continues provisionally to find that Advanz Pharma breached UK and EU competition law from at least 1 January 2009 to at least 31 July 2017 by charging excessive and unfair prices for Liothyronine tablets in the UK.

High court ruling on Advanz Pharma鈥檚 judicial review application

On 5 March 2019, Advanz Pharma applied to the High Court for a judicial review of the CMA鈥檚 decision not to suspend the next procedural step in its investigation into excessive and unfair pricing for liothyronine tablets. On 13 June, the High Court dismissed Advanz鈥檚 application, enabling the CMA to continue with its investigation.

Supplementary statement of objections

On 30 January 2019, the CMA issued a supplementary statement of objections revising certain aspects of its provisional findings in the statement of objections.

Through this supplementary update, the CMA has slightly altered its investigation period, provisionally finding that Advanz Pharma (formerly Concordia) breached UK and EU competition law from at least 1 January 2009 to at least 31 July 2017 by charging excessive and unfair prices for Liothyronine tablets in the UK.

Between January 2009 and July 2017, the price paid by the NHS for liothyronine tablets rose from 拢15.15 to 拢258.19, a rise of 1,605%, while production costs remained broadly stable. During that period, Advanz was the only supplier of liothyronine tablets in the UK.

Statement of objections

On 21 November 2017 the CMA issued a statement of objections alleging that Concordia has breached UK and EU competition law by charging excessive and unfair prices in relation to the supply of liothyronine tablets in the UK.

• Press release: Drug company accused of abusing its position to overcharge the NHS (21.11.17)

Notes

• 皇冠体育app investigation is under Chapter II of the Competition Act 1998 (CA98).
• No conclusion should be drawn that there has been an infringement of competition law at this stage and the recipients of the supplementary statement of objections will now have a further opportunity to respond to the allegations.
• 皇冠体育app CMA will consider any representations it receives before any decision is taken as to whether competition law has in fact been infringed.
• Further detail of the CMA鈥檚 procedures in Competition Act 1998 cases is available here: CMA鈥檚 procedures in Competition Act 1998 cases.
• Changes to the timing of original entries in the case timetable will be made where the estimated timing changes.

Contacts

• Assistant Director: Paul Dean (0203 738 6693, [email protected])
• Director: Ronan Flanagan (020 3738 6142, [email protected])
• Senior Responsible Officer: Geoff Steadman (020 3738 6311, [email protected])