The case against Advanz Pharma

[helvella]

In case anyone wishes to comment re the tribunal final decision, I'm posting this.

The case against Advanz Pharma and its previous owners by the Competition and Markets Authority (CMA) is finally over.

Advanz Pharma appealed against the fines imposed by the CMA and the case was heard today.

The Competition Appeal Tribunal has upheld the CMA's findings against Advanz Pharma and its former owners but have reduced the fines given previously.

Thyroid UK is disappointed that the fines have been reduced as these companies have caused untold damage to all patients who need liothyronine because of the price hikes.

Thyroid UK and other thyroid organisations are still campaigning to gain access for thyroid patients who need this medication especially since the latest guidance by NHS England and the British Thyroid Association have been published.

You can read the whole tribunal case here:

catribunal.org.uk/sites/cat...

Please try to keep comments on topic and not overtly political.

The conclusion is on page 173 (PDF page numbering):

497. For the reasons set out above, the Tribunal:

(1) dismisses the Appellants’ appeals against the CMA’s decision that

Advanz abused its dominant position by charging excessive and unfair

prices for Liothyronine Tablets during the Infringement Period;

(2) reduces the penalty payable by the Cinven Appellants from £51.9 million

to £37.1 million; and

(3) reduces the penalty payable by Hg from £8.6 million to £6.2 million.

498. This judgment is unanimous.

[Nat107]

Should have withheld it and all monies fined fed right back into nhs to fund liothyronine for the many people refused it due to them charging extortionate prices. The prices they were overcharging was the number 1 reason the people who needed to have this medication did not get it after suffering so long and feeling very ill and not able to function normally because of being under medicated, and prevented from being prescribed the medication they so needed All because of their greed and continued overcharging

[SlowDragon Administrator]

They should also remove the OBE

bbc.co.uk/news/uk-politics-...

thetimes.co.uk/article/mill...

And rename the building at DMU building

dmu.ac.uk/research/research...

[pennyannie in reply to SlowDragon]

Many moons ago I would have replied with ' unbelievable ' - now I'm just resigned :

[tattybogle]

if you have an unpaid 60.5 M fine , reduced to a 43.3 M fine that you don't want to pay either , and in the meantime you restructure some of your business assets , how much of it don't you have to pay then ?

i think i'm getting a handle on this 'big business' thing .. maybe i'll have go

[Sunshrine in reply to tattybogle]

Its called a criminal racket, and is legitimate according to the non legitimate law.

If you do this yourself you will go to prison because it is their law not yours. and they have right of force which they can and do en-force. so bad luck. you are not a member.🤓

[Tythrop]

I want to know the names of who,at NHS nodded through the overpayments for a decade which involved increase in payments from £4.50p per pack to about £250 per pack ...how many people in an average pub would accept an increase in a pint if beer from £4.50 per pint to £250 per pint . I want names .Or are they on the boards of the pharma Companies ....Its just impossible to comprehend ....again apply my metaphor to a litre of petrol ....I am lost for words ...I just can't see that there was not corruption at both ends ....or have I misunderstood the story and numbers .

[SlowDragon Administrator in reply to Tythrop]

It was exploitation of loophole on generic pharmaceutical products

Succinct Article on mistreatment of thyroid patients in U.K.

centralbylines.co.uk/big-ph...

dailymail.co.uk/news/articl...

Company in question deliberately bought up old, “out of patent”, single licence, niche drugs

Changed their category to “generic” whereby there was no price regulation of any kind

NHS wasn’t even able to ask the price

In theory, with generic medicines, there are several/numerous suppliers and competition between brands drives price down

After years of exploration and publicity this loophole was closed but price was not forced back down

Since then….

other companies were finally given licenses to supply liothyronine to NHS …..price has dropped (too slowly) from £268 for 20mcg per 28 tablets down to £42

10mcg tablets still only has single supplier ….price remains high at £152

5mcg tablets only 2 suppliers and price £120

Liothyronine capsules cheaper at £55, £65, and £55 for 5mcg, 10mcg and 20mcg …..but many members don’t get on with the capsules

[Hennerton in reply to SlowDragon]

In the early years of the price increase and even before the NHS was limiting it/taking patients off it, I wrote to my MP, querying the dramatic price increase. He sent my letter to the House of Lords and after some time I received a reply explaining that the increase was due to difficulties of manufacture and transport costs.

I then found a website that gave information on which MPs and other members of the Lords had shares in pharmaceutical companies. Most did . Why bite the hand that feeds them?

[Ebx_design in reply to SlowDragon]

Thanks SlowDragon, to confirm, are those capsule rates for 28 pk? 100? and are these available to the NHS? Thanks.

[SlowDragon Administrator in reply to Ebx_design]

Capsules are per 28

Yes on NHS

Many people being changed to capsules, especially if on 5mcg or 10mcg tablets

costs discussed on this post

healthunlocked.com/thyroidu...

[tcpace in reply to Tythrop]

Try a Freedom of Information request. You may not get specific names but you may be able to unearth some internal meeting documentation/minutes revealing how those responsible for NHS procurement reacted to the outrageous price increases and, maybe, why they continued to source the T3 from the suppliers in question when it was and still is possible to buy T3 in other countries at the price levels prevailing before the con artists muscled in. Those running the procurement system in the NHS have a lot to answer for and its about time they were bought to book for their incompetence or other factors that allowed the rip off perpetrated on the NHS (and patients).

Also I'd like to know who in the medical profession had the bright idea of exploiting the situation to disadvantage patients by withdrawing T3 prescriptions instead of investigating why the NHS was seemingly colluding with the companies concerned by not challenging the ridiculous prices increases.

[arTistapple]

I wonder if there is any room for private or a ‘class action’ against the guilty parties? I must say I think similar should be (and will be) taken at some time by thyroid patients against the NHS for the negligence. Mostly endos, as their ‘guidance’ is stopping the GPs doing their jobs. Up until now there has been wriggle room for some knowledgable doctors to actually do their jobs but I think the recent ‘guidance’ may completely stop any GP risking their job. Some firm of lawyers just need to see the ££££ signs.

[helvella in reply to arTistapple]

See what is happening re the water companies!

The big problem with legal action and the NHS is that the beneficiaries are the lawyers.

[arTistapple in reply to helvella]

Yes but if something like this was to work, it would be to the benefit of all thyroid patients. ‘Class actions’ are often undertaken on a No win, no fee basis. If this was a real threat to the NHS itself, then they would have plenty of time to sort themselves out - if they were in any way efficient. Get rid of this ‘old generation’ of endos and bring in the new blood, like Peter Taylor who is enthusiastic. We are not aiming for money. We want proper treatment. However sooner or later someone will sue and this ‘House of Cards’ will crumble. Certain endos are the leaders in this debacle, maybe they should personally be sued.

[Hashiboy]

Thanks to the volunteers at thyroid UK for advocating on behalf of patients who need T3 in this tribunal helvella

[Tythrop in reply to Hashiboy]

Yes

[Sunshrine]

What Id very much like to know is what happens to this "Fine" once its paid. we hear about them all the time but never where they go, who gets them, what it IS used for. It silently dissapears. It should go to those who have been wronged or are left out of pocket be it is 90%+ never heard of again.?

[helvella in reply to Sunshrine]

I believe some fines just end up in the treasury. But CMA imposed fines might be handled differently.

If you want to know, ask the CMA?

[diogenes Remembering]

Well, at least one of the props holding up refusal to prescribe T3 has been kicked away and cost is no longer an obstacle. It's good news in that we hope our upcoming book will kick away another one, namely refusal to prescribe whatever.

[pennyannie in reply to diogenes]

Presumably the biggest obstacle now has to be the new proposed guidelines for treatment as we read of retrograde steps back to square 1 -

It is like a game of Snakes and Ladders - sadly with one's health becoming a forfeit.

[mainam in reply to pennyannie]

Where do I find the new guidelines? Thanks

[pennyannie in reply to mainam]

Post around 6 days ago - which hopefully I've just highlighted your name to ?

[helvella in reply to pennyannie]

healthunlocked.com/thyroidu...

[lynmynott Partner Thyroid UK]

Thanks for putting this up Helvella - I thought I had done it but obviously not!

[helvella in reply to lynmynott]

There is a post by TUKoffice: healthunlocked.com/thyroidu...

But it was closed to replying. I thought a few members might wish to to makes replies.

[lynmynott Partner Thyroid UK]

oh dear. I need to make sure I tell Louise not to do that to my posts.