Pfizer

The UK’s Competition and Markets Authority (CMA) has accused US pharmaceutical giant Pfizer and drug firm Flynn Pharma of overpricing an anti-epilepsy drug, phenytoin sodium capsules.

The CMA has issued a statement of objections to both the firms, stating that they have breached competition law.

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CMA antitrust enforcement senior director Ann Pope said: "While businesses are generally free to set prices as they see fit, those that hold a dominant position have a special responsibility to ensure that their conduct does not impair genuine competition and that their prices are not excessive and unfair."

"Those that hold a dominant position have a special responsibility to ensure that their conduct does not impair genuine competition and that their prices are not excessive and unfair."

Considered to be an important drug for 50,000 patients in the UK, Phenytoin sodium capsules are indicated to treat epilepsy in order to prevent and control seizures.

Pfizer first produces phenytoin sodium capsules and then supplies to UK firm Flynn Pharma, which then distributes them to wholesalers and pharmacies in the country.

The CMA’s statement of objections refers both the prices that Pfizer has charged to Flynn Pharma and the prices that the latter has charged to its customers, since September 2012.

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Before September 2012, Pfizer produced and sold phenytoin sodium capsules to UK wholesalers and pharmacies under the brand name Epanutin.

Pfizer divested the UK distribution rights for Epanutin to Flynn Pharma, which de-branded the drug and commenced selling its version from September 2012.

According to CMA, Pfizer continued to produce the drug and sold to Flynn at prices between eight and 17 times higher than those at which it had previously sold Epanutin in the UK, while Flynn sold the drug to customers at prices which were between 25 and 27 times higher than those historically charged by Pfizer.

Image: CMA has charged Pfizer and Flynn Pharma for selling an anti-epilepsy drug at excessive and unfair prices. Photo: courtesy of UK Competition and Markets Authority / Crown copyright.