Jurisdiction(s):
United Kingdom

Key definition

Abuse of dominance definition

What does Abuse of dominance mean? Abuse of dominance describes anti-competitive conduct by an undertaking with substantial market power that harms competition or consumers by excluding rivals or exploiting customers. It is prohibited in the UK by the Competition Act 1998, s.18 (the Chapter II prohibition), which catches abuse that may affect trade within the United Kingdom; in Ireland by the Competition Act 2002, s.5, and by Article 102 of the Treaty on the Functioning of the European Union (TFEU) where trade between Member States is affected. In competition law, the scope of “dominance” and “abuse” is mainly developed in case law. Assessment turns on market...

UK CMA decision: Advanz Pharma's excessive liothyronine pricing - abuse of dominance under Chapter II/Article 102; £101.4m fines including Cinven and HgCapital; appeals to the CAT

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This case hub, now archived, records the position as at the decision dated 29 July 2021; it is no longer being maintained.

NOTE— appeals were lodged before the CAT by Hg Capital LLP (1419/1/12/21), Cinven (Luxo 1) S.a.r.l (1421/1/12/21) and Mercury Pharmaceuticals Limited (1422/1/12/21). See further, timeline, commentary and related cases.

Case facts

Outline

CMA Article 102 TFEU/Chapter II inquiry into Advanz Pharma (formerly Concordia) concerning Abuse of dominance by levying excessive and unfair prices for liothyronine tablets.

Latest developments

On 29 July 2021, the CMA issued an infringement decision finding that Advanz Pharma had abused a dominant position by charging excessive and unfair prices for liothyronine tablets. The CMA imposed penalties exceeding £101.4m, allocated as follows:

Advanz Pharma—£40.9m
HgCapital (£8.6m) and Cinven (£51.9m)—two Private equity firms that had previously owned businesses now forming part of Advanz Pharma...

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Web page updated on 22/05/2026

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