Jurisdiction(s):
United Kingdom

Key definition

Article 101 definition

What does Article 101 mean? In practice, Article 101 is the EU competition law rule that bans anti‑competitive agreements and concerted practices—such as cartels, price‑fixing, market‑sharing, bid‑rigging and resale price maintenance—where they prevent, restrict or distort competition and affect trade between EU member States. It covers agreements between undertakings, decisions of associations of undertakings and informal coordination; the test is whether the conduct has an anti‑competitive object or effect. The rule is set out in Article 101 TFEU and developed by Court of Justice case law. Prohibited agreements are void and can attract fines and damages claims. Exemptions may apply under Article 101(3) where...

UK CMA Article 101 TFEU/Chapter I investigation: Nitrofurantoin capsules – alleged market-sharing and exclusive supply (Advanz, Morningside, Alliance Healthcare); closed on administrative priorities, 8 October 2021 [Archived]

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub reflects the position as at the decision of 8 October 2021; it is no longer maintained. See the timeline, commentary and related cases.

Case facts

Outline

CMA Article 101 TFEU/Chapter I probe into AMCo (now Advanz Pharma Services (UK) Limited), Morningside Healthcare Limited, Morningside Pharmaceuticals Limited and Alliance Healthcare (Distribution) Limited concerning an alleged breach of competition rules linked to the supply of the antibiotic Nitrofurantoin.

Latest developments

On 8 October 2021, the CMA stated it had closed the investigation on the basis of administrative priorities.

Parties

Advanz Pharma Services (UK) Limited (Advanz): Advanz is a wholly owned Subsidiary of Mercury Pharma Group Limited, incorporated in the UK. It primarily provides support services for the group headed by Concordia International Corp. (formerly Concordia Healthcare Corp).
Mercury Pharma Group Limited (Mercury): Mercury is a wholly owned subsidiary of Concordia Holdings (UK) Limited and functions as an intermediate Holding company. Its principal activity is acting as the holding company for the operating and group services businesses and providing licensing of product rights...

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Web page updated on 22/05/2026

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