Jurisdiction(s):
United Kingdom

UK Competition Appeal Tribunal: DHSC v Lundbeck (citalopram pay-for-delay) not time-barred—High Court claim form within two years counts as commencement under Rule 31 for transferred proceedings

Published on: 04 July 2024

Published by a Law360 reporter

Legal News

Article summary

By declining to apply the two-year statute of limitations that usually governs CAT claims, the specialist antitrust tribunal ruled that allegations brought by the UK Department for Health and Social Care (DHSC) and other government bodies could instead benefit from the more flexible timetable used in the High Court, where the authorities first issued proceedings before the case was sent to the CAT. The crux was whether the claims—part of years of EU and UK enforcement concerning Lundbeck’s antidepressant, citalopram—were “made” or commenced within two years of the Court of Justice’s March 2021 judgment upholding €146m in fines against the defendants. Although these proceedings did not formally start until the transfer from the High Court to the CAT in July 2023, the tribunal decided it was sufficient that the government filed a claim form within the two-year window, in February 2023. As the tribunal observed, lodging a claim form will, in most cases, constitute the commencement or initiation of proceedings...

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