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Jurisdiction(s):
United Kingdom
Related legal acts
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...

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CMA commitments decision: Essential Pharma to continue UK supply of Priadel; suspected abuse of dominance under Chapter II CA 1998; five-year non-discontinuation obligations (Case 50951)

Practice notes
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CASE HUB ARCHIVED

This archived case hub records the position as at the decision on 18 December 2020 and is no longer maintained. For further details, see the timeline, commentary and related cases.

Case facts

Outline of a CMA Chapter II investigation into Essential Pharma concerning an alleged Abuse of dominance arising from its intention to cease supplying Priadel, a lithium-based medicine for the treatment of bipolar disorder.

Latest developments

On 18 December 2020, the CMA stated it had formally accepted commitments from Essential Pharma and closed the matter. Under these commitments, Essential Pharma will:

  • provide appropriate and ongoing UK supplies of Priadel on terms agreed from time to time with the Department of Health and Social Care;
  • refrain from issuing a discontinuation notice to the Department of Health and Social Care in relation to Priadel;
  • ensure that any prospective divestment or licensing of the UK supply of Priadel does not undermine the application of the commitments.

The commitments apply for five years.

Parties

Essential Pharma Limited (Malta), Essential Pharma Limited and Essential Pharmaceuticals Limited (together, Essential Pharma). Essential Pharma is a pharmaceutical company...

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Web page updated on 21/05/2026

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