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ARTICLE · 23 JULY 2015

UK's Competition Authority Sends Message, Clarifies Criteria For Ruling On Pharma Discounts

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The UK's Competition and Markets Authority ("CMA") has closed an investigation under competition rules into certain discounts and rebates in the pharmaceutical sector.

United KingdomAntitrust/Competition Law
Matt Evans
Matt Evans
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The UK's Competition and Markets Authority ("CMA") has closed an investigation under competition rules into certain discounts and rebates in the pharmaceutical sector.1 Rather than taking enforcement action or concluding that the pricing practice does not infringe UK/EU competition law, the CMA decided to close the investigation against the unnamed party because the case no longer fell within its priorities,2 but it also sent a warning letter to the company suspected of wrongdoing and issued general guidance as to the CMA's approach in assessing so-called roll-back (or retroactive) discounts and rebates under UK/EU competition law. The following key points may be noted about this case:

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