Jurisdiction(s):
United Kingdom

Related legal acts

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...

CMA Chapter I CA98 infringement decision: Alliance, Focus, Lexon and Medreich—UK prochlorperazine 3mg buccal tablets non-compete, £35m fines, NHS price surge, and director disqualification proceedings (archived)

Published by a LexisNexis Competition expert

Practice notes

This archived case hub captures the position as at the decision of 3 February 2022; it is no longer maintained. See further: timeline, commentary and related cases.

Case facts

Outline

CMA Article 101 TFEU/Chapter I inquiry into Alliance, Focus, Lexon and Medreich, concerning an alleged non-compete arrangement for the supply of prochlorperazine 3mg buccal tablets in the UK.

Latest developments

On 18 October 2022, the High Court ordered that the competition law issues in the CMA’s director disqualification proceedings be transferred to the CAT. The High Court will await the CAT’s decision before advancing the CMA’s disqualification case. At a case management conference on 14 November 2022, the CAT made case management directions addressing the transferred part of the disqualification proceeding.

Parties

Alliance Pharmaceuticals Limited and Alliance Pharma plc (together, Alliance). Alliance is an international pharmaceutical company listed on AIM. Alliance’s expertise lies in acquiring and licensing pharmaceutical and healthcare products and delivering these to patients.
Focus Pharmaceuticals Limited, Focus Pharma Holdings Limited, Mercury Pharma Group Limited, Concordia Investment Holdings (UK) Limited, Concordia Investments (Jersey) Limited, Advanz Pharma Corporation, Cinven Capital Management (V)...

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Web page updated on 27/05/2026

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