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‘Anti-Competitive’ Pharmaceuticals Group Facing Litigation Avalanche

pillsA pharmaceuticals group which was fined more than Euros 330 million by the European Commission for anti-competitive conduct in relation to a drug used for treating heart disease is now also facing a tidal wave of litigation in the UK.

The group faced claims that, over a four-year period, it had engaged in various forms of conduct which impeded the development and marketing of generic forms of its drug after the expiry of its main patents. Following a five-year investigation, in July 2014 it was fined Euros 330,997,200 by the Commission for breaches of Articles 101 and 102 of the Treaty on the Functioning of the European Union.

Public health authorities in all four countries that make up the UK had launched three separate sets of proceedings against the group, claiming damages in the order of £260 million. The hearing of those claims was held up pending the Commission’s decision, but the High Court has now given directions relating to disclosure of evidence and other matters, paving the way for the cases to proceed.