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Viatris Fined for Breaching CMA Order in Merger Inquiry

22.11.2024 | 🇬🇧 UK competition authority

Viatris Inc. has been fined £1.5 million by the CMA for failing to comply with an order during a merger inquiry, impacting competition in the UK's hormone replacement therapy market.


Viatris Inc. has been fined £1.5 million by the Competition and Markets Authority (CMA) for failing to comply with a legally binding order. The company breached rules by making changes to key staff without CMA consent and failing to report the breach.

The CMA's investigation into the proposed acquisition by Theramex of European rights to hormone replacement therapy treatments from Viatris found potential competition reduction in the UK market. An 'Initial Enforcement Order' was imposed to prevent actions prejudicing the inquiry.

Viatris violated the order by changing UK management without consent and not notifying the CMA. The breaches were deemed to have an adverse impact on the investigation, with no reasonable excuse found for non-compliance.

The CMA emphasized the importance of compliance with interim orders in merger control, expecting full cooperation and transparency from parties. Penalties, up to 5% of global turnover, can be imposed for non-compliance without reasonable excuse.

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