1415/5/7/21 (T) The Secretary of State for Health and Social Care & Others v Lundbeck Limited & Others

Claim for damages by: (1) The Secretary of State for Health and Social Care; (2) The National Health Service Business Services Authority; and (3) NHS Wales in respect of alleged infringements of Articles 101 and/or 102 of the Treaty on the Functioning of the European Union and/or Chapter I and/or Chapter II of the Competition Act 1998.

The claim is made against: (1) Lundbeck Limited; (2) H. Lundbeck A/S; (3) Generics (UK) Limited; (4) Merck KGaA; (5) Arrow Generics Limited; (6) Arrow Group ApS; (7) Resolution Chemicals Limited; (8) Xellia Pharmaceuticals ApS; (9) Alpharma LLC; (10) A.L. Industrier AS; and (11) Sun Pharmaceutical Industries Limited.

The proceedings were transferred from the High Court to the Tribunal by Deputy Master Linwood dated 2 July 2021.

On 28 February 2023 the Claimants made an application under rule 38 of the Competition Appeal Tribunal Rules 2015 to add Sun Pharma UK Limited as a defendant to the proceedings. The Tribunal made an order by consent on 14 March 2023 granting the application.

The first case management conference took place on 29 September 2023. 

A hearing was listed for 22 - 24 April 2024, to determine as a preliminary issue whether the claim in these proceedings is time-barred. Following an Order of the Chair dated 9 February 2024, the listing was amended to 24 April 2024 only. Judgment was handed down following that hearing on 21 June 2024 ([2024] CAT 42).