Hydrocortisone tablets: alleged excessive and unfair pricing, anti-competitive agreements and abusive conduct (50277)

The CMA investigated alleged excessive and unfair pricing, anti-competitive agreements and abusive conduct with respect to hydrocortisone tablets under Chapters I and II CA98 and Articles 101 and 102 TFEU.

From:
Competition and Markets Authority
Published
12 February 2020
Last updated
6 September 2024 — See all updates
Case type:
CA98 and civil cartels
Case state:
Open
Market sector:
Pharmaceuticals

Case reference: 50277

Case timetable

Date Action
September 2021 to October 2021 Advanz Pharma, Allergan plc, Auden Mckenzie (Pharma) Limited, Cinven and Intas Pharmaceuticals Limited filed appeals in the Competition Appeal Tribunal against the CMA’s findings in the Infringement Decision. The CMA will defend the appeals.
September 2021 Waymade plc chose not to appeal the Infringement Decision and have paid the fine issued against them.
15 July 2021 Infringement Decision issued: unfair pricing abuses and anti-competitive agreements in relation to 10mg and 20mg hydrocortisone tablets
Summer 2021 (estimate) Final decision on case outcome
October 2020 to Summer 2021 (estimate) Considering written and oral representations on the supplementary statement of objections and further evidence gathering and analysis
May to September 2020 Receipt of written and oral representations on the supplementary statement of objections
February 2020 Supplementary statement of objections issued

Court of Appeal judgment 2024

6 September 2024: The Court of Appeal allowed the CMA’s appeals against two CAT judgments and unanimously upheld the CMA’s findings on the anti-competitive agreement with respect to 10mg hydrocortisone tablets. The applications of the companies which sought permission to appeal the cartel infringements judgment were refused by the court.

Competition Appeal Tribunal judgment 2024

29 April 2024: The Competition Appeal Tribunal has unanimously upheld the level of penalty imposed by the CMA for a market sharing agreement relating to 20mg hydrocortisone tablets.

Competition Appeal Tribunal judgment 2024

8 March 2024: The Competition Appeal Tribunal has allowed the appeals against a number of the CMA’s findings on the anti-competitive agreement with respect to 10mg hydrocortisone tablets. The CMA will seek leave to appeal. Judgment is awaited on the appeal from the CMA’s penalty decision on the anti-competitive agreement with respect to 20mg hydrocortisone tablets.

Competition Appeal Tribunal judgment 2023

18 September 2023: The Competition Appeal Tribunal has upheld the CMA’s findings on liability, resulting in fines of almost £130 million.

Non-confidential infringement decision

31 March 2022: The CMA has published a non-confidential version of the decision in which the CMA imposed fines totalling over £260 million for competition law breaches in relation to the supply of hydrocortisone tablets in the UK.

Infringement decision

15 July 2021: The CMA has found competition law breaches in relation to the supply of 10mg and 20mg hydrocortisone tablets in the UK.

Supplementary statement of objections

On 12 February 2020, the CMA issued a supplementary statement of objections in relation to its hydrocortisone investigations.

The CMA has been conducting three separate investigations into alleged excessive and unfair pricing, anti-competitive agreements and abusive conduct in relation to the supply of hydrocortisone tablets in the UK. The CMA issued statements of objections in relation to those investigations in:

Due to the interrelationship of the facts and allegations in the three hydrocortisone investigations, the CMA brought them together and revised certain aspects of its provisional findings in the respective statements of objections, including taking account of further evidence which has been obtained since the original statements of objections were issued, through this supplementary update.

The CMA continues to allege that:

  • Auden Mckenzie and its successor Accord-UK (previously known as Actavis UK) charged excessive and unfair prices for 10mg and 20mg hydrocortisone tablets between October 2008 and July 2018
  • Auden Mckenzie entered into an anti-competitive agreement with Waymade with respect to 20mg hydrocortisone tablets which maintained Auden Mckenzie’s dominance and ability to charge high prices
  • Auden Mckenzie entered into an anti-competitive agreement with Waymade and later Advanz Pharma (previously known as Concordia and before that AMCo) with respect to 10mg hydrocortisone tablets. The agreement continued between Actavis UK and Advanz Pharma after Actavis UK took over the business of supplying 10mg hydrocortisone tablets from Auden Mckenzie. The agreement maintained Auden Mckenzie’s and later Actavis UK’s dominance and ability to charge high prices
  • These anti-competitive agreements also constitute an abuse of its dominant position by Auden Mckenzie and Actavis UK

The CMA continues to take the provisional view that liability for Auden Mckenzie’s alleged infringements is attributable to its economic successor Accord-UK (previously known as Actavis UK) and that liability is attributable to Allergan plc as the former parent company of Auden Mckenzie and Actavis UK, to Cinven as the former parent company of Advanz Pharma, and to Accord Pharmaceuticals and Intas as the current parent company of Accord-UK. They would only be liable for their respective periods of ownership.

Notes

  • The investigation is under Chapter II of the Competition Act 1998 (CA98) and Article 102 of the Treaty on the Functioning of the European Union (TFEU) and Chapter I CA98 and Article 101 TFEU
  • 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 an opportunity to respond to the allegations
  • The 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’s procedures in Competition Act 1998 cases is available in CMA’s 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

Updates to this page

Published 12 February 2020
Last updated 6 September 2024 + show all updates

  1. Court of Appeal judgment 2024 published.

  2. Update on Competition Appeal Tribunal judgment 2024.

  3. Update on Competition Appeal Tribunal judgment 2024.

  4. Competition Appeal Tribunal judgment added.

  5. Non-confidential infringement decision, including annex, published.

  6. The CMA has found competition law breaches in relation to the supply of 10mg and 20mg hydrocortisone tablets in the UK.

  7. Case timetable updated.

  8. First published.

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