CAT Upholds CMA Excessive Pricing Decision In Liothyronine Tablets Case

The UK Competition Appeal Tribunal has dismissed appeals against the CMA's finding of abuse of dominance relating to excessive pricing of liothyronine tablets. The judgment provides further detail on the application of the excessive pricing test, and follows the Court of Appeal's approach in CMA v Flynn Pharma (Phenytoin). In this blog post, we summarise the case and consider key practical implications.

Summary

On 8 August 2023, the UK Competition Appeal Tribunal (CAT) dismissed appeals brought by Advanz Pharma, Hg Capital and Cinven against a July 2021 decision of the Competition and Markets Authority (CMA) finding abuse of a dominant position in relation to the supply of liothyronine tablets. The CMA had imposed fines of over £101 million, of which Advanz Pharma was liable for £40.9 million, Hg Capital for £8.6 million and Cinven for £51.9 million (reflecting different periods of the infringement).