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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.

Doctors study a brain scan of someone with epilepsy
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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.

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.

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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.”

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Oleksandr Usyk defeats Tyson Fury to become heavyweight champion of the world

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Oleksandr Usyk defeats Tyson Fury to become heavyweight champion of the world

Oleksandr Usyk has become the undisputed heavyweight champion of the world after defeating Tyson Fury in boxing’s biggest fight of the century.

The Ukrainian won on a split decision following the match in Saudi Arabia.

Usyk had 115-112 and 114-113 on two cards, while Fury took the other 114-113.

Oleksandr Usyk lands a punch on Tyson Fury. Pic: PA
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Oleksandr Usyk lands a punch on Tyson Fury. Pic: PA

Fury disputed his loss after the match, saying: “I believe I won that fight. I believe he won a few rounds but I won more of them.

“Make no mistake I won that fight and I’ll be back.”

In response Usyk said he was “ready for a rematch”.

Tyson Fury v Oleksandr Usyk. Pic: Action Images via Reuters
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Pic: Action Images via Reuters

Fury came under early pressure, with Usyk taking the centre of the ring with an aggressive offensive from the start.

At one point Fury was pushed against the ropes and started laughing as Usyk applied pressure.

The “Gypsy King” looked relaxed as he moved around the ring in the early rounds and picked his shots.

Pic: PA
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Pic: PA

Tyson Fury lunges at Oleksandr Usyk. Pic: PA
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Fury lunges at Usyk. Pic: PA

But after Usyk landed a right hook in the ninth round it looked as if Fury was in serious trouble. The Ukrainian followed up by unloading freely but somehow the bookmakers’ favourite stayed on his feet and was saved by the bell.

Last night, Fury weighed in at 262lbs (18st 10lbs) – nearly three stone heavier than Usyk, who clocked in at a career heaviest of 223lbs (15st 13lbs).

Fury refused to look at his opponent during a news conference on Thursday, but did not back down at the weigh-in last night, where the pair almost came to blows before being separated by their entourages.

Usyk arrived into the ring first, dressed as a Cossack warrior.

Fury entered to songs by Barry White and Bonnie Tyler, with the “Gypsy King” spending several minutes dancing on stage before the song changed to Holding Out For A Hero.

Anthony Joshua watched from the ringside, knowing he could meet the winner early next year.

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Brixham: Warning ‘heads are going to roll’ after water parasite outbreak – as ‘nearly every house in one close has someone ill’

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Brixham: Warning 'heads are going to roll' after water parasite outbreak - as 'nearly every house in one close has someone ill'

Thousands of homes have had their boiling water restrictions lifted after a water tank infected with cryptosporidium was drained and cleaned, South West Water has said.

About 16,000 households in the Brixham area of Devon were told to boil their drinking water following 46 confirmed cases of the disease.

On Saturday afternoon South West Water lifted the boiling restrictions for 14,500 homes after water quality monitoring results found no traces of cryptosporidium in the Alston supply area.

Cryptosporidiosis is caused by a tiny parasite and can lead to vomiting, stomach cramps and watery diarrhoea lasting about two weeks.

More cases are expected to be confirmed due to a delay in developing symptoms – and about 100 more people around Brixham were reporting signs of it on Friday.

South West Water believes the parasite probably entered supplies through a damaged pipe in a field containing animal faeces.

A contaminated water tank at Hillhead reservoir, where cryptosporidium was detected, was drained overnight and “thoroughly cleaned” on Saturday, South West Water said.

One local resident said she knew of only four houses out of 21 in Raddicombe Close, on the outskirts of Brixham, which have not had at least one person fall ill with cryptosporidiosis.

The local MP has warned “heads are going to roll” over the incident.

Tory MP Anthony Mangnall, whose constituency includes Brixham, told LBC: “This is such a serious matter that yes, I think heads are going to roll over this.”

He claimed the supplier had been too slow to issue its safety alert.

An area around Brixham, Devon, affected by a 'boil your tap water' warning. Pic: South West Water
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16,000 businesses and residents are affected by the boil water notice. Pic: South West Water

Mr Mangnall said: “From starting this week with a denial from South West Water that it was anything to do with them, delaying the fact that the boil water notice came in – meaning thousands of people used the water network – to then issuing it on Wednesday, and there are a lot of people who are very ill.”

He called it an “absolutely disastrous week” and said locals were furious.

South West Water has said it’s “deeply sorry” and that it’s been “working tirelessly” to identify the source of the problem and fix it.

One of the sites where locals have queued up to collect bottled water
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Bottled water stations have been set up in the area.

Read more:
What we know about parasite found in drinking water

Parasite outbreak has ‘destroyed’ business

Liberal Democrat leader Sir Ed Davey accused the government of not doing enough to hold water companies to account.

He told Sky News the firms were “putting profit over the environment, over public health” after multiple cases of sewage being released into rivers and seas.

“We [Liberal Democrats] wouldn’t wait for fines for pollution,” Sir Ed said.

“There should be a sewage tax on the profits of these water companies so we can get the money now.

“There needs to be much tougher regulation… and we may need to look at restructuring the whole water industry.”

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Kelly Holmes joins anti-sewage protest

It comes as dozens of protests over sewage releases were planned for Saturday.

Surfers Against Sewage is promoting “paddle-out” demonstrations at 30 locations, with Olympian Dame Kelly Holmes among those at the event in Brighton.

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Infected Blood Inquiry: Couple who were shunned and abused as son lay dying hoping for ‘justice’

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Infected Blood Inquiry: Couple who were shunned and abused as son lay dying hoping for 'justice'

Colin Smith carries a small suitcase into the dining room of their Newport home and lays it flat on the table in the centre of the room. He pops open both latches.

His wife Jan reaches inside and pulls out a sky blue child’s blanket. She holds it close to her face, closes her eyes and inhales deeply.

“It still smells of him,” she says, softly.

“This is the blanket he was wrapped in when he died.”

Their son, also called Colin, was just seven years old when he died in January 1990. His tiny body was ravaged by Hepatitis C and AIDS.

The suitcase, much like the one most families used to own in the 1980s, is just big enough to hold all the memories of their son’s short life.

Next to the blanket, are his favourite toys including a snow globe and lots of his artwork.

Jan and Colin Smith. Their son, also called Colin, died age seven after receiving infected blood. Pictured looking through a case of their son's possessions. From Ashish Joshi report on infected blood scandal/inquiry.
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Jan and Colin Smith look through the suitcase containing their son’s possessions

Jan explains that Collin, loved to paint and draw and that he was very talented.

“He was 13 pounds when he died. That’s nothing is it for a seven-year-old?” Jan asks.

The question goes unanswered as a momentary silence fills the room.

Colin was born with haemophilia. The treatment for his blood clotting disorder included a product called Factor VIII.

What his parents didn’t know was that the Factor VIII was made in America using blood farmed from prisoners, drug addicts and sex workers.

Jan can recall all the fine details of that day clearly. Especially the cold, matter-of-fact way the bombshell news was delivered by doctors treating Collin.

“We went to the hospital,” Jan says, and they called us out into a corridor, kids running around, parents, and just told us that Colin had become [infected with] HIV.”

By this time their beautiful little boy had become very sick.

Victim Colin Smith. From Ashish Joshi report on infected blood scandal/inquiry. Pic supplied by family
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Colin Smith with his toys

‘You just couldn’t pick him up’

Colin senior is still haunted by the effect the virus had on his son’s body. ‘You could see every sinew and tendon in his body,” he said.

Jan said: “I think it was about ’89 that we realised because the weight loss was incredible. And we had him home for a little while, and you couldn’t just pick him up.

“We had to use a sheepskin because it hurt him. He would say: ‘Mum you’re hurting, it’s hurting’.”

Colin was treated by Professor Arthur Bloom, who died in 1992. But in the 1980s, he was one of the country’s leading haemophiliac specialists.

However, documents shown at the Infected Blood Inquiry prove Bloom’s research carried great risks and these were never explained to Colin’s parents.

Professor Arthur Bloom, who died in 1992, was one of the country's leading haemophiliac specialists. From Ashish Joshi report on infected blood inquiry and interview with Colin and Jan Smith
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Professor Arthur Bloom, who died in 1992, was one of the country’s leading haemophiliac specialists

There is a record of the first time Colin went into hospital that shows that he had never been treated for his haemophilia at this point.

Previously untreated patients were known to be useful for research as their responses to new treatments could be tracked. Patients exactly like Colin.

Also shown to the Infected Blood Inquiry was a letter from Prof Bloom to a colleague after another visit by Colin to hospital saying he’s been given Factor VIII and acknowledging that even though this was the British version there was still a risk of Hepatitis but that “this is just something haemophiliacs have to accept”.

Read more:
Blood donations ‘collected from UK prisons’
Bereaved families say loved ones were ‘used’

And a letter, dated 24 June 1983, from Prof Bloom to colleagues discusses the risk of AIDS. They accept that one possible case of AIDS has been reported.

Colin’s parents are convinced their son was being used in secret trials.

Victim Colin Smith. From Ashish Joshi report on infected blood scandal/inquiry. Pic supplied by family
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Colin Smith

“I think Colin was just unlucky enough to be born at the right time. Newly diagnosed haemophiliac, never been treated,” his father explained.

“Which is what we were after, because as documentation states that they are cheaper than chimpanzees, you know. You treat a chimp once, you can follow these children throughout their lives. And that’s what was going on.

“And this was going on from the ’70s. Colin was born in 1982. Yet they still infected him. How do you justify that?”

His mother said that they trusted the doctors at the time and never questioned their son’s treatment. “Just when we think back – at the time no, we didn’t. But when we think back, it was just blood tests. Blood tests, blood tests, blood tests.”

Hate campaign

The threat of HIV and AIDs was only just emerging. And this ignorance drove a hate-fuelled campaign against all those impacted.

This stigma forced Colin and Jan to move home and be shunned by some of their own community. All while still caring for their dying son.

“It became public when he needed to start school, for nursery, and all the parents protested and said: ‘We’re not having an AIDS kid in this school’, because we’ve been known as the AIDS family. We had AIDS that were [written] on the house and you’re not talking little.

“Well, it was like six-foot letters ‘AIDS DEAD’, we had crosses scraped into the door. The phone calls in the middle of the night were not very nice. They were the worst.”

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As Colin’s condition deteriorated his parents decided to bring him home for what would be his last Christmas with the family. It was against the wishes of Prof Bloom.

Jan and Colin were told haemophiliacs with AIDS should die in hospital and be cremated quickly. But the family ignored the hospital.

“And you know what,” Jan says. “He asked for a bike. And we actually got him a bike. He never rode it, obviously because he was too ill. But he wanted a bike. And I’m not going to not get him a bike. Because they all have bikes. But Colin never, never even sat on one.”

Victim Colin Smith's last Christmas at home. From Ashish Joshi report on infected blood scandal/inquiry. Pic supplied by family
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Colin Smith spent his last Christmas at home, against the wishes of Professor Bloom

That difficult decision to remove Colin from hospital to spend his last days with his family at home proved to be the right one.

“He was on my lap and he just got up to you, didn’t he?” Jan says looking at her husband. “He said: ‘I can’t see, daddy. I can’t see’. And then he just lay back. My hand was on his chest.

“And, you know, for a mother to actually feel the rise and fall of his chest. Waiting for it to stop. Because that’s what I was doing.

“I was waiting for it to stop. And then it stopped. And I just said: ‘I think he’s gone’. And I remember shaking him a little bit, but he’d gone.”

Jan and Colin Smith. Their son, also called Colin, died age seven after receiving infected blood. From Ashish Joshi report on infected blood scandal/inquiry.
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Jan and Colin Smith speaking to Sky News

‘I want my son to have his name back’

On Monday, Sir Brian Langstaff will deliver the long-awaited report into the infected blood scandal.

It has taken campaigners like Jan and Colin decades to achieve this. They are clear on what this report must say and how the government must respond.

Colin senior lives with the guilt of not protecting his son. He wants accountability.

“I want justice to be served properly not hypothetically. Let’s see the people who did this, hopefully criminal charges. It is manslaughter at least. I gave my son over to his killers, you know, and I can’t get to grips with that,” he says.

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Blood scandal ‘the worst thing’

For Jan, it will be recognition for a lifetime of heartbreak and grieving.

“I want people to recognise my son. And I want to be able to go to the cemetery and say, we’ve done it. And you’ve done it. That’s what I want. And I want an apology.

“People say it’s the money, it’s not the money. And I can’t get that through to people. It’s not the money. I want recognition.

“I want my son to have his name back. His name is Colin John Smith. And that’s what I want people to remember.”

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Sky News will have full coverage of the infected blood report on TV, online and on the Sky News app on Monday.

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