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UK competition update: Court of Appeal upholds CMA liothyronine excessive pricing decision; reinstates Cinven fine; Advanz/Cinven appeals refused; Lesaffre/Biorigin merger cleared at Phase 1 (08/05/2025)

Published on: 08 May 2025

Published by a LexisNexis Competition expert
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Article summary

Antitrust Court of Appeal refuses permission to appeal against the CAT’s judgment upholding CMA’s decision finding excessive and unfair pricing over NHS thyroid drug prices; reinstates original fine imposed by CMA

The Court of Appeal refused permission to appeal and, when handing down judgment in Cinven Capital Management (V) General Partner Ltd & Ors v CMA, reinstated the CMA’s fine. The appeal concerned the CAT’s ruling of 8 August 2023, which had confirmed the CMA’s conclusion that the Chapter II prohibition of the Competition Act 1998 was infringed regarding the supply of liothyronine tablets, an essential medicine for treating thyroid hormone deficiency.

CMA’s 2021 decision

On 29 July 2021, the CMA delivered an infringement decision finding that Advanz Pharma abused a dominant position by levying excessive and unfair prices for liothyronine tablets. The authority imposed penalties totalling over £101.4m, including £40.9m on Advanz Pharma and £51.9m on Cinven. The CMA also determined that between 2007 and 2017, Advanz was the sole supplier of 20mcg liothyronine sodium tablets in the UK...

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