Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

CMA definition

What does CMA mean? In practice, CMA refers to the UK’s competition and markets authority, the national competition regulator that investigates mergers, cartels and abuse of dominance and enforces consumer protection law. The body is created and named by statute (Enterprise and Regulatory Reform Act 2013) and exercises powers principally under the Competition Act 1998 and the Enterprise Act 2002, now complemented by the Digital Markets, Competition and Consumers Act 2024. Key functions include UK merger control (Phase 1/Phase 2), market studies and market investigations, antitrust enforcement with administrative fines, acceptance of commitments and remedies, criminal cartel enforcement, director disqualification, and consumer law enforcement....

UK Competition Appeal Tribunal upholds CMA’s nortriptyline information-exchange infringement; Lexon appeal dismissed; penalty uplift and turnover calculation upheld; CDDA s 9A first condition met.

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

-this archived case hub records the position as at the judgment of 25 February 2021; it is no longer updated. See further, timeline and related cases.

Case facts

Outline

An Appeal was brought against the CMA’s decision of 4 March 2020 which concluded that Lexon (UK) Limited had unlawfully exchanged commercially sensitive information concerning the supply of the anti-depressant Nortriptyline (50507.2).

Latest development

On 25 February 2021, the CAT handed down its judgment, dismissing the appeal in its entirety. The CMA rejected: (i) ground 1 of the appeal, holding that the law on infringement by object had been properly applied and that the identified information exchanges, by their content and nature, amounted to a concerted practice aimed at restricting competition; and (ii) ground 3 of the appeal relating to the penalty imposed by the CMA. Ground 2 (asserting that Lexon (UK) Ltd had not participated in a single and continuous infringement) was not pursued at trial by Lexon (UK) Ltd.

Parties

Appellant:

Lexon (UK) Limited (Lexon). Lexon is the largest independent wholesaler serving independent pharmacies in the UK.

Respondent:

...

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Web page updated on 27/05/2026

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