London Daily

Focus on the big picture.
Friday, Oct 02, 2026

Pfizer and Flynn accused of overcharging NHS for anti-epilepsy drugs

Pfizer and Flynn accused of overcharging NHS for anti-epilepsy drugs

Competition regulator the CMA alleges drugs firms abused dominant position with unfairly high prices
Pharmaceutical companies Pfizer and Flynn have been accused by the UK’s competition watchdog of illegally overcharging the NHS for vital anti-epilepsy drugs by abusing their dominance in the market to raise prices overnight.

The Competition and Markets Authority (CMA) has confirmed its 2016 finding that the pair exploited a loophole to charge unfairly high prices for phenytoin sodium capsules by debranding the drug, known as Epanutin, in 2012 so it would not face price regulation.

The watchdog began reassessing the case after Pfizer appealed against the CMA’s 2016 fine of £84.2m – a record at the time – imposed after the price charged to the NHS for the drug rose by up to 2,600%. Flynn Pharma, a drugs distributor, faced a fine of £5.2m for charging excessive and unfair prices for phenytoin sodium capsules.

Although the Competition Appeal Tribunal upheld parts of the watchdog’s findings, it referred the matter of whether Pfizer and Flynn abused their market position back to the CMA for further consideration.

The CMA said that after carefully assessing further evidence it believed the pair were able to abuse their dominant position to overcharge the NHS, by debranding the capsules which are used by an estimated 48,000 epilepsy patients in the UK to prevent and control seizures.

Pharmaceutical companies have been accused of exploiting a loophole in controls designed to curb the price of drugs bought by the NHS. The cost of patent protected drugs is controlled by caps that restrict how much profit a company is allowed to make. Unbranded drugs do not face the same restrictions because, in theory, the competition between rival unbranded generic products should keep prices down. By debranding, drug companies producing medicines with limited competition can sidestep the controls and demand steep price hikes.

A cheaper, rival version of the phenytoin sodium capsules emerged on the market after the debranding, but it struggled to gain market share because the clinical guidance issued to doctors said to keep patients on the same manufacturer’s version.

The government has now passed legislation that allows ministers to impose lower prices on unbranded generics if it is thought the NHS is being ripped off.

According to the CMA’s provisional findings the overnight price rise meant the NHS spending on the drug soared from £2m a year in 2012 to about £50m in 2013. For over four years, Pfizer’s prices were between 780% and 1,600% higher than it had previously charged. Pfizer then supplied the drug to Flynn which charged prices between 2,300% and 2,600% higher than those they had paid previously.

“Thousands of patients depend on this drug to prevent life-threatening seizures as a result of their epilepsy,” the CMA chief executive, Andrea Coscelli, said. “Protecting these patients, the NHS and the taxpayers who fund it, is our priority.”

Pfizer and Flynn have an opportunity to respond to the CMA’s provisional findings before the regulator reconsiders whether they broke the law.

A spokesperson for Flynn Pharma said it was “disappointed” by the watchdog’s provisional findings. He added that Flynn has consistently asserted that the case was “fundamentally flawed” and that the company had “not infringed competition law or exploited any loophole”.

A Pfizer spokesperson said the drugmaker “continues to cooperate fully with the CMA’s ongoing investigation”.

In recent weeks the CMA has fined a string of pharma companies linked to Auden Mckenzie and Actavis UK, now known as Accord-UK, a total of 260m for inflating the price of hydrocortisone, which is used by tens of thousands of people in the UK to treat adrenal insufficiency, which includes life-threatening conditions such as Addison’s disease.

It also imposed fines of more than £100m on the pharmaceutical company Advanz and its former private equity owners after it was found to have inflated the price of its liothyronine tablets, which are used to treat thyroid hormone deficiency, by up to 6,000%.
Newsletter

Related Articles

0:00
0:00
Close
Scottish Court to Rule on Bid to Force No-Confidence Vote Against Aberdeen Council Co-Leader
UK Bans Extra Charges for Seating Children Under 12 Beside Accompanying Adults
UK Introduces Vaping Duty and New Licensing Requirements
Greggs to Close Four UK Factories and Cut 740 Jobs
Hundreds of Prisoners Released Early as England and Wales Prisons Reach 98% Capacity
UK Unveils New Russia Sanctions Targeting War Funding and Shadow Fleet
Burnham Says There Are Strong Indications of Iranian Involvement in RAF Fairford Security Breach
Prime Minister Andy Burnham Raises Prospect of Reviewing Britain's Post-Brexit EU Relationship
Markets Price in Bank of England Rate Increases as Inflation Rises to 3.1%
UK Borrowing Costs Climb Toward 5.5% as Global Bond Sell-Off Intensifies
UK-France One-In-One-Out Migration Agreement Expires as London Seeks Alternative Measures
Southwest England Faces Flood Alerts After Heavy Autumn Storms
UK Expands Funding for Rapid Electric Vehicle Charging Infrastructure
Welsh Government Approves Funding to Upgrade South Wales Transport
Northern Ireland Tensions Rise as Orange Order Rejects Drumcree Compromise
NHS Leaders Back Early Design of Proposed National Care Service
More Than One-Third of Regional UK Universities Face Financial Deficits
UK Current Account Deficit Narrows as Cross-Border Financial Flows Remain Strong
Bank of England and FCA Issue New Rules for Stablecoins and Digital Assets
MI5 Warns UK Universities Over Research Links With Chinese Institutions
UK Energy Price Cap Rises 4% as Electricity VAT Is Temporarily Suspended
Equity Calls for UK Personality Rights to Protect Performers From AI Replication
OpenAI Pauses Advanced Model Training Following Safety Concerns
Scottish Government Proposes Replacing 32 Councils With Larger Regional Authorities
Ofgem Raises UK Household Energy Price Cap by 4% From October
UK Counter-Terrorism Police Continue Investigation After Five Arrests Near RAF Fairford
OECD Cuts UK 2027 Growth Forecast to 1%
Labour Says State Pension Triple Lock Remains Protected Through Current Parliament
Andy Burnham Pledges National Care Service With Free Social Care in England
Six Flags Permanently Shuts Landmark X2 Roller Coaster Following Safety Scandals
Metropolitan Police Rule Out Terrorism in Golders Green Stabbing Investigation
Lithium-Ion Battery Identified as Cause of Fatal Merseyside House Fire
UK Department Rejects New Sea Use Framework Due to Stakeholder Fatigue
Major Thames Water Pipe Burst Causes School Closures in London
Aldi Commits £900 Million to Expand UK Supermarket Network
Scottish Affairs Committee Warns Skills Shortages Threaten Defence Sector Expansion
Parliamentary Committee Warns Northern Ireland Budget Deadlock is Stalling Economic Growth
NHS Hospitals in England Face Severe Shortages of Essential Medications
Home Secretary Signals Major Overhaul of UK Immigration and Leave to Remain Policies
Chancellor Promises New Job Schemes Alongside Strict Fiscal Discipline
Energy Secretary Proposes Taxpayer-Funded Green Transition and National Electricity Grid
UK Government to Renationalise Avanti West Coast Railway Franchise in March
Prime Minister Andy Burnham Pledges Major Social Care and Infrastructure Reforms
Five Suspects Released on Bail Following Alleged Bomb Plot Near RAF Fairford
UK Diesel Prices Hit Record High of 199p Per Litre
Transport for Wales and Network Rail Complete Electrification of South Wales Metro
Defra Expands Incentives for Sustainable Farming and Biodiversity in England
Northern Ireland Executive Approves Funding Package to Resolve Public Sector Pay Disputes
Universities UK Warns of Financial Insolvency Risks for Higher Education Institutions
UK Prisons Activate Emergency Protocols to Manage Capacity Pressures
×