Clifford Chance

CMA to deprioritise enforcement action against competing combination therapy treatment providers in negotiation with the NHS

16 April 2024

In November 2023, the UK's Competition and Markets Authority released a prioritisation statement on combination therapies (treatments using two or more medicines in combination). The statement aims to clarify the specific circumstances in which the CMA will not prioritise investigations under the Competition Act, 1998 into particular forms of engagement between medicine manufacturers. These circumstances include the exchanges of information in the context of commercial negotiations or any subsequent agreements related to contribution payments entered into by component medicine manufacturers, when they implement a specific negotiation framework to make more combination therapies available to UK patients on the National Health Service.

This article was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ in the European Competition Law Review as " CMA to deprioritise enforcement action against competing combination therapy treatment providers in negotiation with the NHS" in (2024) 45 E.C.L.R., Issue 4 pages N-101-N103 and is reproduced by agreement with the publishers.

 

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