GlaxoSmithKline and others v CMA (paroxetine)
GlaxoSmithKline and others v CMA (paroxetine)

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

  • GlaxoSmithKline and others v CMA (paroxetine)
  • Case facts
  • Timeline
  • Commentary
  • Related cases

NOTE—national reference lodged before the Court of Justice in Case C- 307/18

See further, timeline and related cases.

Case facts

OutlineGenerics UK Limited v CMA (1251/1/12/16), GlaxoSmithKline PLC v CMA (1252/1/12/16), Xellia Pharmaceuticals APS and Alpharma LLC v CMA (1253/1/12/16), Actavis UK Limited v CMA (1254/1/12/16) and Merck KGaA v CMA (1255/1/12/16)–appeals to the CAT in relation to the CMA's decision of 12 February 2016 in GlaxoSmithKline and others (paroxetine) (CE/9531-11).

Latest developmentOn 30 January 2020, the Court of Justice issued its judgment in relation to the national reference. The Court of Justice ruled that pay-for-delay settlement agreements may constitute a breach of Article 101 and/or Article 102 TFEU. See further, Case C- 307/18 Generics (UK) Ltd and Others v CMA.

• Generics (UK) Limited (GUK)
• GlaxoSmithKline PLC (GSK)
• Xellia Pharmaceuticals ApS (Xellia) and Alpharma LLC (Alpharma)
• Actavis UK Limited (Actavis)
• Merck KGaA (Merck)

Defendant: Competition and Markets Authority (CMA)

BackgroundOn 12 February 2016, the CMA issued its infringement decision in GlaxoSmithKline and others (paroxetine) (CE/9531-11) 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

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