The CMA has worked to ensure that pharmaceutical company Aspen’s
commitments to reduce prices for life-saving cancer medicines can
be enforced in the UK following its exit from the European Union.
The European Commission opened an investigation into Aspen in
2017 to investigate concerns that the company had engaged in
excessive pricing for 6 off-patent cancer medicines. Last year
the European Commission accepted commitments by Aspen to reduce
prices for the 6 medicines to address these concerns.
As a result, Aspen reduced its prices across Europe - including
in the UK - by an average of approximately 73%. In addition,
Aspen guaranteed the supply of the 6 cancer medicines for a
period of 5 years, and, for an additional 5-year period, will
either continue to supply or make its marketing authorisation
available to other suppliers. This means that over the 10-year
period, Aspen cannot charge more than the price set out in the
commitments.
Although these commitments were offered while the UK was a part
of the European Union, the commitments became legally binding
under EU law after the UK was no longer part of the EU.
The CMA has now assisted the NHS to secure binding undertakings
from Aspen, under the law of England and Wales, which enshrine
the UK elements of the commitments and are enforceable by UK
courts, including in relation to the supply of these drugs in
Northern Ireland and Scotland. This means that the NHS will have
effective mechanisms to monitor and ensure compliance by Aspen
following the UK’s exit from the EU.
