Competition Appeal Tribunal upholds Nortriptyline Information Exchange Decision

25 Feb 2021

In a judgment handed down today, the CAT has dismissed Lexon’s appeal against the CMA’s Information Exchange Infringement decision with respect to Nortriptyline, a medicine used to treat depression.

The infringement was comprised of exchanges of information over a 10 month period between Lexon, which is primarily a wholesaler of pharmaceutics, and two of its competitors (King and Alissa). The CMA imposed a fine of £1.2 million on Lexon and issued proceedings in the High Court seeking a Competition Disqualification Order against Lexon’s principal director, Mr Pritish Sonpal.

Lexon argued in particular that the CMA failed to establish the existence of a “by object” restriction of competition and challenged the fine. The CAT rejected Lexon’s appeal on all grounds. The judgment provides an interesting overview of the law on “object” infringement.

Josh Holmes QC, David Bailey and James Bourke acted for the CMA. Mark Brealey QC acted for Lexon.

The judgment can be found here.