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Generic drugmaker Viatris (NASDAQ:VTRS) has been £1.5M by the U.K.'s Competition and Markets Authority (CMA) for failing to comply with compulsory restrictions imposed during the regulator’s review of its deal with Theramex.
In Oct. 2023, Viatris (VTRS) agreed to divest its rights to women’s health products, Duphaston and Femoston, to Theramex.
Duphaston and Femoston, which comprise progesterone and estrogen receptor agonists, are prescribed as hormone replacement therapy (HRT) to help relieve menopause symptoms.
Following a Phase 1 probe, in April 2024, the CMA said the deal would likely hurt competition in the HRT market. The antitrust regulator imposed an ‘Initial Enforcement Order’ which sought to prevent any action which could prejudice its inquiry or any potential remedies that the CMA might impose.
The regulator said Viatris (VTRS) breached these restrictions by implementing changes to key members of its UK management team without the CMA’s consent, and then failed to notify the CMA of the breach.
“Interim orders are of vital importance to the proper functioning of the UK’s voluntary merger control regime. In this case, we are particularly troubled by Viatris’ failure to promptly and candidly report relevant facts, in circumstances where Viatris should have known or suspected that it had breached the rules,” said Sorcha O’Carroll, Senior Director for Mergers at the CMA.
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