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The UK Competition and Markets Authority (CMA) has launched an investigation into Vifor Pharma for suspected anti-competitive conduct in the market for intravenous iron treatments.
These treatments can be critical for patients with iron deficiency anaemia who cannot tolerate or absorb oral iron supplements. This case brings to light the broader issue of maintaining competitive practices in pharmaceutical markets to ensure fair pricing, innovation, and access for patients.
At The Competition Lawyers, we understand how anti-competitive conduct can disrupt markets and harm consumers. In this article, we explore the investigation, its potential implications for healthcare providers and patients, and how businesses can address unfair practices that occur.
Private healthcare market competition investigation
The private healthcare market investigation that has been ongoing for over a decade is a matter that has seen a recent update published by the UK’s CMA, the Competition and Markets Authority.
Private healthcare is a particularly sensitive industry in relation to competition law, and it is one that must be monitored carefully to make sure that patients – i.e. consumers – can make the best choices for them. In this latest update from the CMA, it has been suggested that there is still much more work that needs to be done.
Mobile radio network services CMA investigation
The CMA has launched a market investigation into the mobile radio network services in respect of the infrastructure used by emergency services to securely communicate in Great Britain.
The investigation is looking into whether the current model and market for this niche industry works to achieve efficiency and cost-effectiveness in respect of the tax burden on the British treasury. Whilst an infrastructure system was reportedly established some 20 years ago on a long-term contract basis, given how bespoke the requirements of the system were, the CMA is looking into whether we are now in a time where other providers may be able to offer more cost-effective solutions.
CMA investigation into suspected anti-competitive pharmaceuticals agreements
In late 2017, the CMA released a statement announcing that it had begun an investigation into suspected anti-competitive pharmaceuticals agreements between “various parties”.
The pharmaceutical companies under review were kept anonymous until 2019. Then, according to the CMA, they alleged that Alliance Pharmaceuticals, Focus, Lexon, and Medreich had reportedly made agreements to not compete in regard to supplying anti-nausea drug Prochlorperazine.
In January, the CMA published an update regarding their investigation, which was set to conclude in Autumn 2021. As the case approaches its end, we look back at investigation so far and assess the potential damage the anti-competitive agreements may have caused.
The CMA’s Nortriptyline investigation
The Competition and Markets Authority (CMA) has issued fines as a result of their nortriptyline investigation. Nortriptyline is an unbranded, prescription-only generic medicine used for the relief of symptoms of depression. In some cases, it can be used to treat neuropathic pain and nocturnal enuresis (bed-wetting).
The CMA has recently issued decisions imposing fines on suppliers of nortriptyline tablets for reportedly breaching competition law after their nortriptyline investigation concluded. There have also been director disqualifications.
CMA launch investigation into the supply of lithium-based medication
The Competition and Markets Authority (CMA) has launched an investigation into the supply of lithium-based medication, used to treat bipolar disorder.
The CMA has announced the investigation will look into prominent pharmaceutical company, Essential Pharma. They are suspected to have abused an alleged dominant position as a medication supplier by proposing to withdraw the supply of lithium-based medication to UK patients.
Privately funded healthcare competition investigation
The privately funded healthcare competition investigation was initiated by the CMA (Competition and Markets Authority) last month.
At this stage, it’s only an initial investigation, and as the CMA often confirm, there are no assumptions to be made at this moment in time. What we do know is that a decision as to whether the investigation will continue or not is set to be made in the next couple of months.
As more and more services are outsourced to the private sector in relation to healthcare, this could be a significant investigation.