UK Court Upholds CMA Decision On Pharma Collusion

The Competition Appeal Tribunal upheld the CMA’s finding on Thursday, February 25, that Lexon broke competition law and dismissed Lexon’s appeal.

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 and Alissa Healthcare Research, 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 (US$1,7 million). Lexon maintained that it had not broken the law and so appealed against the decision and the fine.

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