Hydrocortisone tablets: alleged excessive and unfair pricing (50277-1)

The CMA is investigating alleged excessive and unfair prices with respect to hydrocortisone tablets under Chapter II CA98/ Article 102 TFEU.

• From: Competition and Markets Authority
• Published: 8 March 2016
• Last updated: 10 July 2019 — See all updates

• Case type: CA98 and civil cartels
• Case state: Open
• Market sector: Pharmaceuticals
• Opened: 8 March 2016

Case reference: 50277-1

Case timetable

Date	Action
February 2020	Supplementary statement of objections issued
November 2018 to October 2019 (estimate)	Further evidence gathering and analysis, decision on whether to proceed with the case
September 2017 to November 2018	Consideration of parties’ written and oral representations on the statement of objections; further evidence gathering and analysis; issue of draft penalty statements and letter of facts; receipt and consideration of parties’ representations on letters of facts and draft penalty statements
August 2017	Statement of objections issued to new addressees
March to May 2017	Receipt of written and oral representations on the statement of objections
December 2016	Statement of objections issued
September to December 2016	Further information gathering and analysis of information requests
September 2016	Decision to continue with the investigation
August 2016 to September 2016	Investigation and analysis including further information requests and stakeholder meetings
March to July 2016	Initial investigation: information gathering, including issuance of formal or informal information requests and parties’ responses. CMA analysis and review of parties’ responses to information requests. Potential state of play meetings with parties under investigation
March 2016	Investigation opened

Supplementary statement of objections

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. 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 through this supplementary update, including taking account of further evidence which has been obtained since the original statements of objections were issued. Please see the Hydrocortisone case page for more information.

Statement of objections issued to new parties

9 August 2017: The CMA issued a statement of objections to Intas Pharmaceuticals Limited and Accord Healthcare Limited, which acquired Actavis UK in January 2017, alleging that Actavis UK has breached and continues to breach UK and EU competition law by charging excessive and unfair prices in relation to the supply of hydrocortisone tablets in the UK and proposing to find them jointly and severally liable for the alleged infringements from their period of ownership.

Statement of objections

16 December 2016: The CMA issued a statement of objections alleging that Actavis UK has breached UK and EU competition law by charging excessive and unfair prices in relation to the supply of hydrocortisone in the UK.

• Press release: Pharmaceutical company accused of overcharging NHS (16.12.16)

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).
• No conclusion should be drawn that there has been an infringement of competition law at this stage and the recipients of the 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 here: 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

Assistant Directors

• Suzanne McQueen (020 3738 6358, suzanne.mcqueen@cma.gov.uk)
• Neil Maxey-Branch (020 3738 6956, neil.maxey@cma.gov.uk)

Director, Andrew Groves (020 3738 6927, andrew.groves@cma.gov.uk)

Senior Responsible Officer, Michael Grenfell (020 3738 6134, michael.grenfell@cma.gov.uk)

Published 8 March 2016
Last updated 10 July 2019 + show all updates

1. 10 July 2019

   The timetable for this case has been updated.

2. 20 November 2018

   Case timetable updated.

3. 23 February 2018

   Case timetable updated.

4. 9 August 2017

   Statement of objections issued to new parties.

5. 16 December 2016

   Statement of objections issued.

6. 30 September 2016

   Timetable updated.

7. 8 March 2016

   First published.