Paroxetine investigation: anti-competitive agreements and conduct
The CMA investigated certain agreements relating to paroxetine under Chapter I and II of the CA98 and Article 101 of the TFEU.
Case reference: CE/9531-11
|10 August 2016||Publication of non-confidential version of infringement decision|
|12 February 2016||Final infringement decision issued|
|12 February 2016||Final no grounds for action decision issued in respect of one party|
|September 2015||Oral hearings with parties on written representations on the draft penalty statements|
|July 2015 to August 2015||Period for written representations on the draft penalty statements and proposed no grounds for action decision|
|30 June 2015||Draft penalty statements issued to certain parties|
|30 June 2015||Proposed no grounds for action decision issued in respect of one party|
|December 2014 to January 2015||Oral hearings with parties on written representations on supplementary statement of objections|
|October 2014 to December 2014||Period for written representations on the supplementary statement of objections|
|21 October 2014||Supplementary statement of objections issued|
|October 2013 to October 2014||Consideration of parties’ written and oral representations on the statement of objections|
|October 2013||Oral hearings with parties on written representations on statement of objections|
|August 2013||Period for written representations on the statement of objections|
|19 April 2013||Statement of objections issued|
|March 2012 to April 2013||OFT analysis and review of parties’ responses to information requests - issue of further information requests|
|September 2011 to February 2012||OFT analysis and review of parties’ responses to initial information requests|
|August 2011 to January 2012||Initial investigation: information gathering, including issue of formal or informal information requests and parties’ responses|
|August 2011||Investigation opened|
The following changes have been made to the case timetable since it was first published in October 2012:
|Date of change||Reason for change||Change made to timetable|
|9 December 2015||Additional time needed to finalise the decision(s)||Estimated timing of final decision(s) put back by around 1 to 3 months|
|2 July 2015||Additional time needed to consider parties’ responses to the statement of objections and supplementary statement of objections||Estimated timing of final decision put back by around 6 months|
|21 October 2014||Additional time needed to issue supplementary statement of objections||Estimated timing of final decision put back by around 6 months|
|27 September 2013||Additional time needed for parties to respond to the statement of objections||Estimated timing of oral hearings put back by 1 month|
|25 February 2013||Requirement for further review and changes to scope of the investigation||Estimated timing of investigation put back by 2 months|
In August 2011, the Office of Fair Trading (OFT) opened an investigation into certain patent dispute settlement agreements relating to paroxetine, a medicine used in the treatment of disorders such as depression and anxiety disorder.
Non-confidential infringement decision
10 August 2016: The CMA has published a non-confidential version of the decision in this case.
- Non-confidential decision (PDF, 8.19 MB) (10.8.16)
12 February 2016: The CMA has issued an infringement decision to the following companies, which the CMA considers were either directly involved in an infringement of competition law and/or are liable as parent companies of the companies directly involved, or as successors to these companies:
Beecham Group plc, GlaxoSmithKline UK Limited, GlaxoSmithKline plc and SmithKline Beecham Limited (formerly SmithKline Beecham plc) (together GSK), Generics (UK) Limited, Merck KGaA, Actavis UK Limited (formerly Alpharma Limited), Xellia Pharmaceuticals ApS (formerly Alpharma ApS) and Alpharma LLC (formerly Zoetis Products LLC, Alpharma LLC and Alpharma Inc).
The CMA has imposed fines on these parties totalling £44.99 million.
- Press release: CMA fines pharma companies £45 million (12.2.16)
No grounds for action decision (IVAX-GSK agreement)
10 August 2016: The CMA has published a case closure summary in respect of an agreement between Norton Healthcare Limited (formerly IVAX Pharmaceuticals UK) and GSK.
- Case closure summary (10.8.16)
12 February 2016: The CMA has issued a no grounds for action decision in respect of an agreement between Norton Healthcare Limited (formerly IVAX Pharmaceuticals UK) and GSK.
Supplementary statement of objections
21 October 2014: The CMA issued a supplementary statement of objections revising certain aspects of its provisional findings in the statement of objections.
News story: CMA takes further procedural step in paroxetine investigation (21.10.14)
Statement of objections
19 April 2013: The OFT issued a statement of objections alleging that certain pharmaceutical companies had infringed competition law in relation to the UK supply of paroxetine.
Principal case officer
Richard Butterworth (020 3738 6807, firstname.lastname@example.org)
Geoff Steadman (020 3738 6311, email@example.com)
Senior responsible officer
Ann Pope (020 3738 6786, firstname.lastname@example.org)
Published: 9 December 2015
Updated: 10 August 2016
Opened: 11 August 2011
- Non-confidential decision added and case closure summary in respect of the IVAX-GSK agreement published.
- Final infringement decision issued and final no grounds for action decision issued in respect of one party.
- Timetable updated.