The Court of Appeal has sided with the Competition and Markets Authority (CMA) in its appeal against the Competition Appeal Tribunal's (CAT) decision to overturn the CMA's finding of a market sharing agreement involving pharmaceutical firms.

In a case involving Auden Mckenzie, Actavis UK, and AMCo (now Advanz), the CMA found that excessive and unfair pricing for hydrocortisone tablets led to a significant rise in NHS spending, impacting patients with life-threatening conditions like Addison's disease.

Despite the CAT's initial decision to set aside the CMA's findings due to procedural issues, the Court of Appeal overturned this judgment, emphasizing the importance of a fair and clear defense in cases of anti-competitive conduct.

The CMA's penalties on the firms exceeded £260 million, reflecting the seriousness of the market sharing agreement and its detrimental effects on NHS savings and patient access to essential medication.