Germany

On behalf of the team

On 15 July 2021, the CMA announced that it had imposed fines totalling more than £260 million on various pharmaceutical firms, for competition law breaches in relation to the supply of hydrocortisone tablets for which they charged excessive and unfair prices to the National Health Service (NHS). The CMA’s decision also entails that the NHS may claim damages for the conduct of the companies.[1]

The CMA had previously conducted an investigation into the conduct of these pharmaceutical companies, which revealed that Auden Mckenzie Ltd. and Actavis UK Ltd. (now known as Accord-UK Ltd.) had been massively overcharging the NHS for hydrocortisone tablets for nearly ten years. These pharmaceutical companies also abused their dominant position by paying two potential competitors, Waymade PLC and AMCo Ltd. (now known as Advanz Pharma Services Ltd.), not to enter the market.

[1] CMA press release, ‘CMA finds drug companies overcharged NHS, 15 July 2021.