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ARTICLE · 26 APRIL 2011

Focus Antitrust: Competition Weekly Email Alert - 20 April 2011

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

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The OFT has issued its decision finding that Reckitt Benckiser has abused its dominant position, contrary to Article 102 TFEU and the Chapter II prohibition of the Competition Act 1998, by withdrawing and de-listing Gaviscon Original Liquid from the NHS prescription channel in 2005, following expiry of its patent but before the publication of the generic name for it.

United KingdomAntitrust/Competition Law
Paul Stone
Paul Stone

In the News

The OFT has issued its decision finding that Reckitt Benckiser has abused its dominant position, contrary to Article 102 TFEU and the Chapter II prohibition of the Competition Act 1998, by withdrawing and de-listing Gaviscon Original Liquid from the NHS prescription channel in 2005, following expiry of its patent but before the publication of the generic name for it. This meant that NHS prescriptions were issued for the patent protected Gaviscon rather than for generic alternatives. The OFT found that Reckitt Benckiser's actions had the object of limiting pharmacy choice and hindering competition from generic medicines and has imposed a fine of £10.2 million. Click here.

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