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ARTICLE · 07 AUGUST 2024

CAT Dismisses CMA Decision Based On Material Errors In Its Assessment Of Evidence

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The Competition Appeal Tribunal overturned the CMA's decision on prochlorperazine, finding material errors in evidence assessment. The Tribunal ruled no market exclusion agreement existed, invalidating the CMA's £35m fines and related director disqualifications.

United KingdomAntitrust/Competition Law
Cameron Firth
Cameron Firth
Charlie Critchley
Charlie Critchley
Lara Gardiner
Lara Gardiner

The Competition Appeal Tribunal (Tribunal) has upheld appeals against the Competition and Markets Authority (CMA) infringement decision relating to the anti-nausea medication prochlorperazine (the Decision).

The Decision, issued in 2022, found that four companies had participated in an unlawful "market exclusion agreement" (MEA) in breach of the Chapter I Prohibition of the Competition Act 1998. The Tribunal found that the CMA had made “material errors” in its assessment of the evidence and overturned the findings of an MEA1. 

The decision

The CMA found that, from 2013 to 2018, Alliance Pharmaceuticals, Lexon, Focus and Medreich had participated in certain supply arrangements that amounted to an MEA. 

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