Wiltshire pharmaceutical company wins appeal against watchdog ruling

Pharmaceutical firm Alliance Pharma has won an appeal against fines imposed by the Competitions and Markets Authority.

The Wiltshire healthcare group appealed against the Competition and Markets Authority (“CMA”) decision regarding anti-competitive conduct in relation to four companies.

The Competition Appeal Tribunal (“CAT”) has issued its judgment on Alliance Pharmaceuticals Limited & Others vs CMA setting aside the CMA’s decision.

On 23 May 2019 Alliance announced that the CMA had issued a Statement of Objections to four companies, including Alliance, alleging anti-competitive agreements in relation to the sale of prescription prochlorperazine, a small, out-licensed product in Alliance’s pharmaceutical portfolio from June 2013 until July 2018.

On 3 February 2022 the CMA issued its finding that all four companies had infringed competition law and imposed fines including £7.9m for Alliance, which was provided for in the 2021 accounts.

Alliance filed its appeal with the CAT on 4 April 2022.

On 23 May 2024, the Tribunal handed down its judgment setting aside the CMA’s decision and finding that there was no breach of competition law.

The firm say they are delighted with the ruling.

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