- CMA reviewed 2016 case when it fined Pfizer, Flynn 90 mln stg
- Says drugmakers made use of a loophole for generic medicines
- Says NHS left with no choice as firms were dominant suppliers
Aug 5 (Reuters) - Britain's competition watchdog is sticking with its view that Pfizer
(PFE.N) and Flynn Pharma broke the law by charging Britain's public health service "unfairly high" prices for an epilepsy drug, after being asked to reassess a record fine.
The drugmakers made use of a loophole so that the capsules, branded Epanutin prior to September 2012, were not subject to price regulation for branded drugs, the Competition and Markets Authority (CMA) found in its
provisional review.
In 2016, the CMA
fined Pfizer and Flynn a record 90 million pounds ($125 million) for the price hike. However, the companies in 2018
won an appeal against the penalty, and the Competition Appeal Tribunal referred the matter back to the CMA.
The CMA said that spending by Britain's National Health Service (NHS) on the capsules, containing phenytoin sodium, jumped to roughly 50 million pounds in 2013 from about 2 million pounds just a year earlier.