Hydrocortisone tablets: alleged anti-competitive agreements and abusive conduct (50277-3)

The CMA is investigating alleged 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: 18 October 2017
• Last updated: 10 July 2019 — See all updates

• Case type: CA98 and civil cartels
• Case state: Open
• Market sector: Pharmaceuticals
• Opened: 18 October 2017

Case reference: 50277-3

Case timetable

Date	Action
February 2020	Supplementary statement of objections issued
February 2019	Statement of Objections issued
November 2018 to January 2019	Further investigation and analysis including information gathering and stakeholder meetings
July 2018 to November 2018	Further investigation and analysis including information gathering and stakeholder meetings
July 2018	Decision to continue with the investigation
May 2018 to July 2018	Investigation and analysis including further information gathering
October 2017 to April 2018	Initial investigation, information gathering, including issuance of formal or information requests and parties’ responses. CMA analysis and review of parties’ responses to information requests. Potential state of play meetings with parties under investigation
October 2017	Investigation opened

Change log

The following changes have been made to the case timetable since it was first published in October 2017:

Date of change	Reason for change	Change made to timetable
1 August 2018	Additional time needed for further information gathering and to hold stakeholder meetings	Date for holding stakeholder meetings changed from May 2018 to July 2018 to July 2018 to November 2018 (estimate)

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

28 February 2019: The CMA issued a Statement of Objections alleging that Auden Mckenzie and Waymade have breached UK and EU competition law by entering into anti-competitive agreements in relation to the supply of hydrocortisone tablets in the UK. In doing so, the CMA also alleges that Auden Mckenzie abused its dominant position by making monthly payments to Waymade not to enter the market.

• Press release: Pharma firms accused of illegal agreements over life-saving drug (28.2.19)

Notes

• The investigation is under Chapter I and Chapter II of the Competition Act 1998 (CA98) and Articles 101 and 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 the 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.
• 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 18 October 2017
Last updated 10 July 2019 + show all updates

1. 10 July 2019

   The timetable for this case has been updated.

2. 28 February 2019

   Statement of objections issued.

3. 1 August 2018

   Updated case timetable and change log published.

4. 1 August 2018

   Updated case timetable and change log published.

5. 19 April 2018

   Case timetable updated.

6. 18 October 2017

   First published.