On 10 February 2021, the European Commission adopted a decision against Aspen Pharmacare (“Aspen“).[1] In its decision, the European Commission found that Aspen started in 2012 to progressively increase, often by several hundred percent, its prices for 6 medicines which are essential to treat certain serious forms of blood cancer. After four years of investigation, the Commission came to the conclusion that Aspen was leading an excessive pricing policy for these medicines which was in breach of EU competition rules. The Commission accepted commitments by Aspen to reduce significantly the prices of these medicines for the future and reimburse the excessive prices it had charged between October 2019 and February 2021. The European Commission highlighted in its press release that all national health funds and insurance companies injured by this excessive pricing policy may obtain compensation for their damage for the period between 2012 and 2019.^[2]

[1]               Case AT.40394 – Aspen, Commitments to the European Commission.

[2]              Commission’s press release: “Antitrust: Commission accepts commitments by Aspen to reduce prices for six off-patent cancer medicines by 73% addressing excessive pricing concerns”, 10 February 2021.