Two drugs firms have been accused by the UK’s competition watchdog of illegal pricing and abusing their dominant position to overcharge the NHS for vital anti-epilepsy tablets.
The Competition and Markets Authority (CMA) said it had provisionally found that coronavirus vaccine-maker Pfizer and Flynn broke competition law by charging unfairly high prices for phenytoin sodium capsules – hiking the cost of the treatment by up to 2,600% “overnight”.
It saw NHS spending on the capsules rocket from around £2m a year in 2012 to about £50m in 2013, according to the regulator.
Image: Thousands of patients depend on the drug as a result of their epilepsy, says the CMA
The latest finding comes after the CMA reinvestigated the case following appeals by the two firms over an earlier decision in December 2016, which saw them slapped with a record £90m fine.
In 2018, the Competition Appeals Tribunal (CAT) upheld much of the original findings, but referred the matter of unlawful abuse of dominance back to the CMA for further consideration.
Advertisement
The CMA and Flynn then went to the Court of Appeal, which dismissed the pharmaceutical firm’s appeal but upheld aspects of the CMA’s case.
Following this, the watchdog decided to re-investigate, launching its current inquiry in June 2020.
More from Business
CMA chief executive Andrea Coscelli said: “Thousands of patients depend on this drug to prevent life-threatening seizures as a result of their epilepsy.
“As the CAT recognised, this is a matter that is important for government, for the public as patients and taxpayers, and for the pharmaceutical industry itself.
“Protecting these patients, the NHS and the taxpayers who fund it is our priority.”
In its provisional finding, the CMA claims the companies exploited a loophole by de-branding the drug – known as Epanutin prior to September 2012 – with the effect that the drug was not subject to price regulation in the way branded drugs are.
It said: “As Pfizer and Flynn were the dominant suppliers of the drug in the UK, the NHS had no choice but to pay unfairly high prices for the vital medicine.”
Over more than four years, Pfizer’s prices rocketed by between 780% and 1,600%.
Pfizer then supplied the drug to Flynn, which sold it to wholesalers and pharmacies at prices between 2,300% and 2,600% higher than those they had paid previously, according to the CMA.
The CMA said Pfizer and Flynn now had an opportunity to respond to its provisional findings before a final decision was made.
The regulator said it remained committed in its work “to tackle robustly any illegal behaviour by drug companies overcharging the NHS”, pointing out it recently fined firms a total of £360m for competition law breaches over the supply of medication.
In a statement, Pfizer said: “Ensuring a sustainable supply of our products to UK patients is of paramount importance to Pfizer and was at the heart of our decision to divest the product in 2012.
“In 2020, the Court of Appeal upheld the Competition Appeal Tribunal’s finding in the company’s favour.
“Pfizer continues to co-operate fully with the CMA’s ongoing investigation.
“The statement of objections is the CMA’s provisional findings only and all parties will have the opportunity to respond to the statement before the CMA decides if there has been any infringement.”
Travellers are being warned about mosquito bites on holiday after a rise in chikungunya infections in people returning to the UK.
The UK Health Security Agency (UKHSA) also said the first cases of the emerging oropouche virus had been recorded.
Chikungunya typically causes sudden fever and joint pain, which can be debilitating, and lasts from a few days to weeks.
The name comes from a word in a Tanzanian language meaning “that which bends up”, owing to the joint pain associated with it.
Most people recover but in some cases the symptoms can last several months or even years.
It’s spread by mosquito bites in tropical and subtropical regions, and most of the 73 cases reported in the UK so far this year were in London and linked to travel to Sri Lanka, India, and Mauritius.
Only 27 cases were reported in the same January to June period last year.
More from UK
Chikungunya can’t spread directly from person to person – so if someone becomes ill in the UK, they can’t pass the infection on, and the mosquitos responsible aren’t present here.
Dr Philip Veal, consultant in public health at the UKHSA, said it can be a “nasty disease” and the increase in cases was “worrying”.
“It is essential to take precautions against mosquito bites when travelling,” he said.
A man staying at a hotel that has been the focus of a series of protests has denied a charge of sexual assault and faces a trial next month.
Mohammed Sharwarq, a 32-year-old Syrian national, was arrested after police were called to the Bell Hotel on the Epping High Road in Essex yesterday, police said.
Sharwarq, who is alleged to have kissed a man on the neck, indicated a plea of not guilty to a charge of sexual assault at Chelmsford Magistrates’ Court today.
He indicated guilty pleas to six further charges concerning four complainants – with two counts of common assault and four of assault by beating.
Sharwarq is alleged to have punched a man in the face, thrown an object at a man, slapped a third man in the face and attempted to punch a fourth.
Sky News understands the alleged offences took place inside the hotel between 25 July and 12 August.
Tottenham let slip a two-goal lead before losing a penalty shootout to Paris St Germain (PSG) in the final of the UEFA Super Cup.
Spurs defenders Micky van de Ven and Cristian Romero scored from set pieces to put the north London side on their way to winning the trophy, in what was manager Thomas Frank’s first game in charge.
However, Champions League winners PSG, who were thrashed in the Club World Cup final by Chelsea last month, produced a stunning response after Kang-in Lee pulled one back with five minutes left.
Image: Tottenham’s Cristian Romero scores his side’s second goal. Pic: AP
PSG striker Goncalo Ramos, who was brought on in the 77th minute, forced the game to penalties after scoring a header in the fourth minute of stoppage time.
The Super Cup final, played each year between the winners of the Champions League and Europa League, does not feature extra time – meaning the game went straight to spot kicks.
Image: Tottenham players react during the penalty shootout. Pic: AP
Europa League winners Tottenham initially had the advantage when Vitinha missed PSG’s first kick – but it was followed by Van de Ven and Mathys Tel failing to score their penalties.
PSG, managed by Luis Enrqiue, went on to win 4-3.
Image: PSG’s players celebrate after winning the final. Pic: AP
The PSG players poured on to the pitch in celebration, knowing they had etched their names into history as the first French side to lift the trophy.
“It’s incredible to win like this. This team once again showed character, even if we’re not at our physical best,” PSG defender Marquinhos said.
“We managed to get the goals we needed through the substitutions, and in the shootout we have players who take their penalties well and a goalkeeper who helped us.”
Tottenham, who finished 17th in the Premier League last season, were unable to win what would have been their second trophy in 17 years – with the first one coming when they beat Manchester United in Europe’s second-tier competition in May.