Regulator seeks to overturn fine rejection against pharmaceutical firms

The Competition Market Authority (CMA) is seeking to overturn a decision which reversed fines imposed on pharmaceutical firms.

Back in 2021, the CMA imposed fines totalling over £260m for competition law breaches in relation to the supply of hydrocortisone tablets, a steroid medicine used to reduce pain.

The CMA fined several pharmaceutical firms and their current and former parents, including Allergan, Auden Mckenzie and Actavis UK (now known as Accord-UK), Cinven and AMCo (now known as Advanz Pharma).

The CMA found four infringements of competition law, two concerning excessive and unfair pricing and two concerning anti-competitive agreements. All of the infringements related to the supply of hydrocortisone tablets to the National Health Service (NHS).

The parties took their appeals to the Competition Appeal Tribunal (CAT) which after several judgments, allowed the pharmaceutical firm appeals earlier this year.

Now the parties are back at court as the CMA seeks to overturn the decision of the Tribunal at the Court of Appeal, civil division. The parties are in for a long hearing as it is set to run between Wednesday 10 July until Tuesday 16 July.

Some of the legal parties include: Brick Court Chamber’s Daniel Jowell KC is on for Allergen, as instructed by Addleshaw Goddard. Accord has Brick Court’s Sarah Ford KC and Charlotte Thomas, instructed by Macfarlanes. And Cinven has Brick Court’s Robert O’Donoghue KC, Max Schaefer and Emma Mockford as instructed by Clifford Chance.

While the regulator’s legal team consists of 4 Stone Buildings’ Alexander Cook KC and Brick Court Chamber’s David Bailey, instructed by its in-house legal team.

Correction: This story has been updated as the case is focused on Hydrocortisone and not as previously suggested as the Prochlorperazine case. Alliance is not involved in the Hydrocortisone case.