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The Competition and Market Authority (CMA) has suggested regulatory levers to curb "potential competition risk" from hub and spoke dispensing. In its response to the hub and spoke dispensing consultation, led by the Department for Health and Social Care (DHSC) last week, the competition watchdog said that a pro-active approach to monitoring the effect of hub and spoke dispensing and subsequent early consideration of any competition concerns was likely to be more effective and potentially less costly than any "ex-post enforcement any ex-post enforcement or unpicking of subsequently embedded competition issues". The competition watchdog has made a few suggestions to identify and remove the barriers to competition that might emerge with the new business models entering the market. It has asked the department to enable a "more level playing field". "Smaller independent pharmacies should, have improved access to automation and new dispensing models," it said.

The Competition and Markets Authority (CMA) has announced on Tuesday (20 June) that it may consider undertakings offered by Bestway Panacea Holdings, a parent company of Well Pharmacy, which involves divesting seven pharmacy stores under the merger deal with Lexon UK. The Authority said: "CMA considers that there are reasonable grounds for believing that the undertakings offered by Bestway, or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002." Last week, the Authority had announced that the merger of Bestway, and independent pharmacy owner Lexon UK could "lessen the competition between retail pharmacies" in England. On 26th May 2023, CMA announced the launch of its merger inquiry. A fast-track Phase 1 investigation found that the merger could lead to a significant lessening of competition between retail pharmacies in 12 local areas located in Liverpool and North East England. The merging businesses conceded that the deal raises competition concerns in these areas and have submitted proposals to sell pharmacies within these areas to restore the competition that would otherwise be lost as a result of the deal.

Following a period of prolonged uncertainty, the Competition and Markets Authority has given its approval to Bestway Healthcare's acquisition of Lexon UK and Asurex. The company expects the transactions to be finalised in the upcoming months. In April, Bestway, the owner of Well Pharmacy, acquired Asurex Limited and Lexon UK Holdings, along with the 44-community pharmacy chain Norchem Group, known as Knights Pharmacy. However, in June, the CMA raised competition-related concerns about the transaction, citing worries that the acquisition could lead to a significant decrease in competition among retail pharmacies across 12 areas in Liverpool and the northeastern region of England. The CMA had asked undertakings from Bestway Healthcare due to competition concerns affecting specific branches of Knights Pharmacy within the acquisition. In July, the CMA indicated its readiness to approve the deal, contingent upon Bestway's completion of the required divestments. According to Bestway Healthcare, This matter has been successfully resolved, as Bestway Healthcare has consented to the sale of seven pharmacies in Liverpool and the northeastern region of England. "The impacted Well pharmacies are situated in Seaham, Bishop Auckland, Kenton, High Howden, Stockton, Moreton, and Pensby. Buyers for all seven branches have been identified and contracts have been signed."

Britain's antitrust regulator, the Competition and Markets Authority (CMA) on Wednesday announced that it is investigating the acquisition of LloydsDirect by Pharmacy2U last year, and has launched its first phase of the merger inquiry. The completed deal between two of the UK's foremost online pharmacies was announced in a joint statement issued on 9 October, confirming that they would operate as Pharmacy2U. Commenting on the purchase, Kevin Heath, CEO of Pharmacy2U, then said: "Combining the best of both of our businesses, we can provide patients with greater access and convenience." The regulator is considering "whether it is or may be the case that this merger has resulted in the creation of a relevant merger situation under the merger provisions of the Enterprise Act 2002 and, if so, whether the creation of that situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services."

The Competition and Markets Authority(CMA) has disqualified a former director of the pharmaceutical wholesaler Lexon for allegedly breaking competition law. Pritesh Sonpal - who has been accused of illegally sharing commercially sensitive information with competitors - will not be allowed to take up any director role or be involved in the management of any company based in England, Scotland or Wales for four years. The CMA in March 2020 found that Lexon - along with the pharmaceutical companies King Pharmaceuticals and Alissa Healthcare Research - illegally shared commercially sensitive information about the antidepressant nortriptyline, used by thousands of NHS patients, to inflate the price. Lexon was fined £1.2 million for breaking competition law. The government watchdog said between 2015 and 2017, when the cost of the drug was falling, the three companies exchanged information about prices, the volumes they were supplying and Alissa's plans to enter the market, in order to reduce competition.

Britain's competition watchdog has fined pharmaceutical companies Pfizer and Flynn £63 million and £6.7 million respectively for allegedly breaking competition law and illegally profiting from the sale of an anti-epilepsy drug. The Competition and Markets Authority (CMA) found that the two companies colluded to sell phenytoin sodium capsules, previously known as Epanutin, at "unfairly high prices" for over four over years between 2012 and 2016. The annual costs of the capsules for the NHS increased from £2 million in 2012 to approximately £50 million the following year. CMA has accused Pfizer of charging, over four years, prices between 780 per cent and 1,600 per cent higher than what was fixed previously for the medicine used to prevent life-threatening epileptic seizures. Pfizer supplied the drug to Flynn, which then sold the capsules on to wholesalers and pharmacies at a price between 2,300 per cent and 2,600 per cent higher than the prices previously charged by Pfizer.

The Competition and Markets Authority (CMA) has revoked its initial enforcement order imposed on Pharmacy2U Limited (Pharmacy2U) concerning the acquisition of Metabolic Healthcare Ltd (Lloyds Direct). In the revocation order issued on February 12, the regulator said its decision was "based on the evidence it has received in its assessment of the Merger to date." The CMA served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on Pharmacy2U, P2U Holdings Limited, G Square Capital II L.P., G Square Healthcare Private Equity LLP (collectively, the Acquirer Group) and Lloyds Direct on 28 November 2023. It announced that it was considering "whether it is or may be the case that a relevant merger situation has been created and whether the creation of that situation has resulted or may be expected to result in a substantial lessening of competition in any market or markets in the United Kingdom (UK)."

Well Pharmacy has announced the acquisition of Lexon UK Holdings and Asurex Limited, a family-owned pharmaceutical wholesaler with five depots in Redditch, Leeds, Durham, East Kilbride and Dublin and a network of community pharmacies across the Midlands, Northwest, and Northeast of England. Lexon, is a family-owned business which has been in operation for over 25 years, running primarily as a pharmaceutical wholesaler for 3,000 retail pharmacy customers across the UK and Ireland. The business also operates 42 community pharmacies - currently trading as Knights Pharmacy - and is also a specialist developer and manufacturer of generic pharmaceuticals and is a data and solutions provider to pharmacy. The acquisition will be notified to the Competition and Markets Authority (CMA). Both parties have proactively engaged with the CMA in pre-notification discussions and look forward to continuing to do so productively during the CMA review period. Haider Choudrey, CFO of Bestway Group which own Well Pharmacy, said: "Through this acquisition we seek to augment our growth momentum and bring in even greater benefits to both community pharmacies and patients. Well Pharmacy had been searching for a target to expand its footprint and complement its growth trajectory and we are confident that Lexon fits this criterion."

The Competition and Markets Authority (CMA) has launched an investigation following 'rocketing prices of antibiotics in the wake of Strep A cases', Sky News reported on Wednesday (December 14). On Monday, the Department of Health issued a medicine supply notification for antibiotics for the treatment of Strep A. "Supplies of antibiotics for the treatment of Group A Strep have seen a surge in demand and may be temporarily in limited supply at certain wholesalers and pharmacies. Supplies are available with manufacturers, and deliveries into wholesalers and pharmacies are being expedited and are expected in the coming days" said DHSC. Sky quoted a spokesperson for the CMA as saying: "People have got real concerns about the price of antibiotics used to treat Strep A, and we want companies to be clear about their obligations under the law.

Aspen has committed not to charge more for its six generic cancer drugs for the next 10 years in the UK, according to the Competition and Markets Authority (CMA). The CMA also clarified that "although these commitments were offered while the UK was a part of the European Union" they remain "legally binding". It added: "The CMA has now assisted the NHS to secure binding undertakings from Aspen, under the law of England and Wales, which enshrine the UK elements of the commitments and are enforceable by UK courts, including in relation to the supply of these drugs in Northern Ireland and Scotland." This allows NHS to monitor and ensure compliance by Aspen following the UK's exit from the EU. In 2017, the European Commission began an investigation into Aspen over concerns that the company had engaged in excessive pricing for 6 off-patent cancer medicines.

The Pharmaceutical Services Negotiating Committee (PSNC) has raised concerns over the impact that high medicine price rises are having on contractor. Recently, the Department of Health and Social Care (DHSC) has granted the final list of price concessions for December 2022. The latest additions bring the total number of concessionary prices granted for the month of December to 198, surpassing the previous record of 159 granted in September 2022. PSNC has heard from hundreds of community pharmacy contractors who are paying inflated prices for antibiotics used for the treatment of Strep A and who have rightly been concerned about the lack of certainty around the final reimbursement prices for these medicines. It added: "We welcomed the involvement of the Competition and Markets Authority (CMA) to look into the pricing of antibiotics. But the number of reports we are getting from contractors about medicines price rises are just not acceptable and this goes far beyond the antibiotic crisis."