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ARTICLE · 23 JULY 2008

Cigarette Cartel, Pharma Pricing- Recent UK Antitrust Rulings

Morrison Foerster
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In the United Kingdom there have been two recent significant developments in respect of cartel activity.

United KingdomAntitrust/Competition Law

In the United Kingdom there have been two recent significant developments in respect of cartel activity. On Friday 11 July, Mr Justice Pitchford quashed an indictment alleging price fixing against five pharmaceutical companies and nine executives. On the same date, Gallaher and five retailers agreed to pay £132 million to settle charges brought by the Office of Fair Trading ("OFT"). By any measure, the developments represent a spectacular defeat for Britain's Serious Fraud Office ("SFO") and a significant achievement for the increasingly aggressive OFT.

Serious Fraud Office Prosecution

The SFO began investigating allegations of price fixing in the pharmaceutical industry in 2000. In April 2002 more than 30 premises were raided including the offices of pharmaceutical companies and the homes of a number of executives. Civil proceedings began in October 2002 against the pharmaceutical companies.

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