Competition and Markets Authority (applicant) v Allergan Plc & ors (respondents)

Monday 13 May 2024

By an Appellant’s Notice filed on 28 March 2024, the Competition and Markets Authority (‘CMA’) applies for permission to appeal the decision of the Competition Appeal Tribunal (‘CAT’) dated 8 March 2024 setting aside the CMA’s ‘Hydrocortisone Decision’:

The judgment concerns appeals from a decision of the Competition and Markets Authority dated 15 July 2021.

In the decision, the CMA found four infringements of competition law, two concerning excessive and unfair pricing and two concerning anti-competitive agreements. All of the infringements related to the supply of hydrocortisone tablets to the National Health Service. The CMA’s findings of infringement were challenged in respect of three of the infringements and in respect of the other, only the CMA’s penalty decision was challenged.

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