In October, the CMA launched an investigation suspecting that the pharmaceutical supplier, Essential Pharma, may have abused a dominant market position by adopting a strategy to withdraw the bipolar drug, Priadel, from UK patients. This would have caused disruption for patients and doctors, as patients would have been required to switch to alternative, more expensive, treatments such as Camcolit, which is also owned by Essential Pharma. In addition, the strategy would have placed an even greater financial strain on the NHS at a time of unprecedented pressure.

Immediately following the opening of the CMA’s investigation, Essential Pharma paused the withdrawal of Priadel and entered into price negotiations with the Department for Health and Social Care (DHSC), resulting in a new price being agreed. It then offered formal commitments to the CMA to address competition concerns regarding its strategy to withdraw the drug from UK patients. The CMA has now accepted these commitments after carefully considering responses received to a public consultation, launched last month.

The commitments last for 5 years and ensure Priadel will continue to be supplied on terms agreed with the DHSC. This means Essential Pharma will be unable to threaten to withdraw Priadel to obtain an unjustified price increase.

The CMA’s decision to accept Essential Pharma’s legally binding commitments brings this case to a successful conclusion after less than 3 months, although the CMA will continue to monitor the firm’s compliance and intervene if it suspects any breach. Importantly, protection for consumers does not come to an end once commitments expire, as firms must still ensure they act fairly to comply with the law.

Ann Pope, the CMA’s Senior Director of Antitrust, said:

“This was an important case, which had the potential to affect tens of thousands of patients and cause additional financial strain to the NHS in the middle of a pandemic. The CMA intervened quickly, which resulted in Essential Pharma keeping Priadel on the market at an affordable price – a positive outcome for patients, the NHS and the taxpayers who ultimately fund these drugs.”

More information can be found on the CMA’s investigation into supply of lithium-based medication case page.

Notes to editors

1. The CMA opened the investigation as it had reasonable grounds for suspecting that Essential Pharma may have infringed the Chapter II prohibition of the Competition Act 1998/Article 102 of the Treaty on the Functioning of the European Union (TFEU).

2. The Chapter II prohibition of the Competition Act 1998/Article 102 of the TFEU prohibit the abuse of a dominant position by one or more undertakings which may affect trade within the UK/EU or a part of it.

3. The commitments are legally binding on Essential Pharma.

4. The prices agreed on by Essential Pharma and DHSC for Priadel are £7.50 for 200mg tablets per pack and £8.50 for 400mg tablets per pack. This is significantly less than the price of Camcolit, which is £48.18 per pack of 400mg tablets.

5. For media enquiries, contact the CMA press office on 020 3738 6460 or press@cma.gov.uk.

Quicker recognition and better support for offenders who have neurodivergent conditions such as autism, ADHD and dyslexia, will help combat crime according to the Lord Chancellor, Robert Buckland QC.

Neurodivergent offenders often have speech and language needs which make it difficult for them to understand and take part in the processes from arrest, through court, and potential sentencing.

A new call for evidence will provide a clearer picture of how many offenders are affected by these conditions and what support is already available in the criminal justice system.

The review will cover a wide range of neurodiversity, including learning difficulties, learning disabilities and emotional and behavioural changes due to acquired brain injuries.

Greater understanding and support from the police, prison and probation service will boost public safety by helping people with these conditions engage better with rehabilitation and stop committing crime. 

Lord Chancellor Robert Buckland QC MP said:

As a barrister, part-time judge and now as Lord Chancellor, I’ve too often seen people with conditions like autism and dyslexia struggle through their brush with the law. It might be that they get lost in the complex legal language or fall foul of it simply because it’s harder to see right from wrong.

My family’s experience of autism has taught me that those with neurodivergent conditions have so much to offer when they get the right help. That is why I want to build a criminal justice system with better support that cuts reoffending and which keeps the public safer.

The courts, judiciary and legal sector also have a role to play in supporting the government build a fairer criminal justice system which is easier to understand and navigate. Some studies have suggested that over a third of all offenders have some form of learning disability or difficulty and over half of prisoners may have sustained acquired brain injuries.

The call for evidence, which is being led by HM Inspectorates of Prisons and Probation, will be an opportunity for the public, charities and those across the criminal justice system to share their experiences and suggest ways that it can be improved.

Charlie Taylor, HM Chief Inspector of Prisons, said:

For many years the inspectorate has been concerned about the outcomes for neurodiverse prisoners and we are pleased to take on this commission from the Lord Chancellor.

Findings from the call for evidence will also support the Ministry of Justice to develop a training package to educate frontline staff about neurodiversity and when someone might need extra support. Three prisons, HMP Whatton, HMP Wakefield and HMP/YOI Parc, and the Lancashire division of the National Probation Service have all received accreditation from the National Autistic Society in the last few years for the work they do to support autistic people. Probation staff already interview offenders and work with agencies such as social care and the police when providing sentencing recommendations to judges. The interviews mean they can pick up on any speech or communication difficulties and ensure that an offender gets the support they need during their rehabilitation. Next year, the National Probation Service will pilot a new screening tool to identify those with neurodiverse conditions and provide advice on how to support them.

The call for evidence will close on 15 January.

Byron St John Swales (56), from Hove, was director of Indian Summer UK Limited, which traded as the Indian Summer restaurant on East Street in Brighton.

Indian Summer UK Limited was incorporated in September 2003 but inspections carried out by the tax authorities in 2016 found the company owed £130,174 in tax, including interest and penalties.

The company entered into creditors voluntary liquidation in May 2019 and Indian Summer UK was referred to the Insolvency Service for investigation.

Investigators were able to establish that Byron Swales had under declared the restaurant’s orders and that he had failed to accurately account for tax owed from December 2011 until February 2018.

It was found Indian Summer UK owed more than £130,000 in tax, interest and penalties and the restaurant owner has now been banned from being a company director for 6 years.

David Argyle, Deputy Head of Investigations for the Insolvency Service, said:

Byron Swales concealed transactions from company books for over seven years to avoid tax obligations and keep money destined for the public purse. As a result of our investigations, Byron Swales will be banned from the business environment for six years, severely curtailing his activities.

Byron St John Swales is from Hove and his date of birth is May 1964.

Indian Summer UK Limited (Company Reg no. 04905057).

The Secretary of State accepted a disqualification undertaking from Byron St John Swales on 29 May 2020 for 6 years effective from 19 June 2020.

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings. Persons subject to a disqualification order are bound by a range of other restrictions.

Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

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