Phenytoin sodium capsules: suspected unfair pricing

The CMA is investigating alleged excessive and unfair prices for phenytoin sodium capsules under Chapter II of CA98 and Article 102 TFEU.

Case reference: CE/9742-13

Case timetable

First published: May 2013

Date Milestone
November 2016 (estimate) Issue of decision (infringement decision, no grounds for action decision, or case closure decision)
February 2016 to November 2016 (estimate) Consideration of parties’ written and oral representations on the statement of objections; further evidence gathering and analysis; issue of letters of facts; receipt and consideration of parties’ representations on letters of facts; decision on case outcome; preparation of decision
January 2016 Oral hearings with parties on written representations on statement of objections
November/December 2015 Receipt of written representations on the statement of objections
August 2015 Statement of objections issued
August 2014 to April 2015 Further investigation including further information requests and stakeholder meetings
August 2014 Decision on next phase of the investigation in light of evidence received to date
August 2013 to March 2014 Internal governance processes to inform next phase of the investigation
August 2013 to March 2014 OFT analysis and review of responses to information requests
May to August 2013 State of play meetings with parties under investigation
May to August 2013 OFT analysis and review of parties’ responses to information requests
May to August 2013 Initial investigation: information gathering, including issuance of formal or informal information requests and parties’ responses
May 2013 Investigation opened

Change log

The following changes have been made to the case timetable since it was first published in May 2013:

Date of change Reason for change Change made to timetable
28 September 2016 Additional time to consider parties’ representations, decide case outcome and prepare decision Issue of decision extended from September 2016 to November 2016
8 July 2016 Additional time to consider parties’ representations and to decide case outcome Issue of decision extended from August 2016 to September 2016
14 December 2015 Additional time given to the parties to submit written representations Period for written representations extended from October to November/December 2015

Penalty notice

12 April 2016: The CMA has published a notice of a penalty imposed on Pfizer under section 40A of the Competition Act 1998 (CA98). The CMA imposed the penalty on 31 March 2016 for a failure to comply, without reasonable excuse, with a requirement imposed on Pfizer under section 26 of CA98.

Statement of objections

6 August 2015: In May 2013, the Office of Fair Trading (OFT) launched a formal investigation into a suspected breach of competition law in relation to the price of phenytoin (an anti-epileptic drug). On 6 August 2015, the CMA issued a statement of objections alleging that certain pharmaceutical companies have infringed competition law in relation to the supply of phenytoin.

Case information

  • The CMA issued a statement of objections on 6 August 2015. No assumption should be made that there has been an infringement of competition law at this stage and the addressees of that statement will now have an opportunity to make written and oral representations on the statement of objections.
  • The CMA will consider any representations it receives from the addressees on the statement of objections before any decision is taken as to whether competition law has in fact been infringed.
  • Further detail of the CMA’s procedures in Competition Act 1998 cases is available in our Procedural Guidance.

Contacts

Assistant project director

Brian Jackson (brian.jackson@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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