GlaxoSmithKline and others (paroxetine) (CE/9531-11) [Archived]
GlaxoSmithKline and others (paroxetine) (CE/9531-11) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • GlaxoSmithKline and others (paroxetine) (CE/9531-11) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related cases

CASE HUB (Appeals lodged at the Competition Appeal Tribunal–see GlaxoSmithKline and other v CMA (paroxetine))

ARCHIVED–this archived case hub reflects the position at the date of the decision of 12 February 2016; it is no longer maintained.

See further, timeline, commentary and related cases.

Case facts

Outline CMA Articles 101 and 102 TFEU/Chapters I and II investigation into GlaxoSmithKline and generic drug producers in relation to pay-for-delay agreements concerning anti-depressant medicines (paroxetine) (Case CE/9531-11).

Appeals lodged at the Competition Appeal Tribunal:
• Generics UK Limited v CMA (1251/1/12/16)
• GlaxoSmithKline PLC v CMA (1252/1/12/16)
• (1) Xellia Pharmaceuticals APS (2) Alpharma LLC v CMA (1253/1/12/16)
• Actavis UK Limited v CMA (1254/1/12/16)
• Merck KGaA v CMA (1255/1/12/16)

Latest developments On 12 February 2016, the CMA issued its infringement decision and imposed the following fines:
• GSK has been fined £37,606,275
• in relation to GUK's infringement, GUK and Merck KGaA (GUK's former parent) have been fined a total of £5,841,286 (both companies being jointly and severally liable)
• in relation top Alpharma's infringement, Actavis UK Limited (formerly Alpharma Limited), Xellia Pharmaceuticals ApS (formerly Alpharma ApS) and Alpharma LLC (formerly Zoetis Products LLC, Alpharma LLC and Alpharma