GSK and others fined as CMA concludes investigation into paroxetine pay-for-delay settlements

United Kingdom

This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.

On 12 February 2016 the UK Competition and Markets Authority (‘the CMA’) announced the conclusion of its lengthy investigation into so-called ‘pay-for-delay’ settlements relating to GlaxoSmithKline’s (‘GSK’) blockbuster anti-depressant, paroxetine. The CMA has imposed record fines totalling £45 million on three companies which were found to have infringed European Union (‘EU’) and UK competition law by entering into agreements to delay the market entry of generic versions of the drug in the United Kingdom. GSK has shouldered the bulk of the fines, with the remainder going to generic producers, Generics (UK) Limited (‘GUK’) and Alpharma Limited (‘Alpharma’). A fourth company, Norton Healthcare Limited (formerly IVAX Pharmaceuticals UK), was also party to the CMA’s investigation but was not found liable.

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This article first appeared in VOL 15/Issue 2 of the Bio-Science Law Review.