Supply of care home medicines: market-sharing agreement

The Office of Fair Trading (OFT) investigated a suspected breach of competition law in relation to the supply of care home medicines, under Chapter I of the Competition Act 1998.

Case Reference: CE/9627/12

Case timetable

Date Milestone
3 December 2014 Publication of non-confidential version of decision
March 2014 Final decision on case outcome (whether there has been an infringement decision)
February 2014 OFT’s consideration of parties written representations on the statement of objections
January to February 2014 Period for representations on the statement of objections
January 2014 Investigation outcome (issue of statement of objections; case closure - see Procedural Guidance)
July 2013 Decision on whether to proceed with investigation or close
March to June 2013 Initial investigation: information gathering, including issuance of formal or informal requests and parties’ responses - OFT analysis and review of parties’ responses to information requests
March 2013 Investigation opened

Summary of work

In March 2013, the OFT launched a formal investigation into a suspected breach of competition law in relation to the supply of healthcare products. The investigation is under Chapter I of the Competition Act 1998.

On 20 March 2014 the OFT issued a decision finding that Hamsard 3149 Limited, its subsidiaries Quantum Pharmaceutical Limited and Total Medication Management System, trading as Tomms Pharmacy together with Celesio AG and its subsidiary Lloyds Pharmacy Limited entered into a market-sharing agreement in relation to the supply of prescription medicines to care homes in England between May 2011 and November 2011 and has imposed a fine of £370,226 on Hamsard and its subsidiaries. A copy of the decision can be found below:

OFT press releases

Contacts

Team leader

Sarah Mills (sarah.mills@cma.gsi.gov.uk)

Project director

Andrew Groves (andrew.groves@cma.gsi.gov.uk)

Senior responsible officer

Ann Pope (ann.pope@cma.gsi.gov.uk)

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