Full Breakdown
UK Courts Uphold Competition Authority’s Findings on Hydrocortisone Price Abuse
7/28/2026, 9:51:11 PM
Core Event: Court of Appeal Confirms CMA Rulings
The Court of Appeal (CoA) dismissed the appeals lodged by Auden Mckenzie and Actavis UK against the Competition Appeal Tribunal’s (CAT) judgment, finding that none of the firms’ grounds “get near” to overturning the Competition and Markets Authority’s (CMA) conclusions. The CoA also ordered that the firms’ appeals on the penalties be remitted to the CAT for reconsideration, not because it accepted the firms’ arguments but because the CAT had not fully addressed them. All CMA findings of infringement—including excessive and unfair pricing and anti-competitive agreements—remain upheld on appeal.
Background: Market Dominance and Price Increases
Auden Mckenzie acquired the licences for hydrocortisone tablets in 2008 and “de-branded” the product, removing it from price regulation. The company relaunched the tablets at around £4 per pack and then raised the price to a peak of £72 per pack over the next eight years. Actavis UK, which took over Auden’s business in 2015 (later transferred intra-group to Accord-UK Limited), retained market power by buying off competing firms and delaying entry of alternatives. The CMA identified two separate abuses of dominance—one for each tablet strength (10 mg and 20 mg)—and two anti-competitive agreements with Waymade and the AMCo undertaking (the Amdipharm group and its parent companies).
Data & Statistics: Cost Surge and Penalties
- Price per pack rose from less than £1 in 2007 to over £70 by 2016.
- NHS annual spending on hydrocortisone increased from roughly £500,000 in 2007 to more than £80 million in 2016.
- The CMA imposed total penalties of £266.5 million (£155.2 million for pricing abuses and £111.3 million for anti-competitive agreements). After a £26 million reduction for a period when Allergan did not control the business, the standing penalties are approximately £240 million.
Official Statements & Responses
The CoA noted that the CAT’s earlier procedural handling was “unjust” and therefore sent the penalty appeals back to the CAT for a fresh hearing. The CMA’s case page details the full chronology of the investigation and the upheld findings.
What’s Next: Ongoing Appeals and Future Trial
The CAT will rehear the firms’ challenges to the penalties, while a separate trial concerning the 10 mg anti-competitive agreement is scheduled for January 2027. The outcome of the CAT rehearing will determine the final financial liability of Auden Mckenzie, Actavis UK, and their parent companies.
