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Written question asked by James McMurdock (Independent (affiliation)) on Friday, 28 August 2026, in the House of Commons. It was due for an answer on Wednesday, 2 September 2026. It was answered by James Frith (Labour) on Tuesday, 22 September 2026 on behalf of the Department of Health and Social Care.

NHS: Drugs

Question

To ask the Secretary of State for Health and Social Care, with reference to the press release entitled Court upholds CMA findings that firms charged excessive and unfair prices for lifesaving NHS-funded medicine, published on 29 July 2026, what assessment has been made of whether existing legislation provides sufficient powers to prevent excessive pricing of NHS-funded medicines.

Answer

Anti-competitive behaviour, including excessive pricing and abuse of a dominant position, is a matter for the Competition and Markets Authority (CMA). The Department asks the CMA to investigate where it has concerns about abuses of competition law for generic medicines and where companies are found by the CMA to be in breach of the legislation, the Department will seek damages and invest that money back into the National Health Service.

As the press release cited by the Hon. Member demonstrates, the current legal and enforcement regime in this area allows for effective action to be taken in relevant cases, and the responsible agencies will continue to take such action whenever necessary.

Following the recent Court of Appeal judgment upholding the CMA's findings in relation to hydrocortisone tablets, the Department is considering the appropriate next steps. Any sums recovered are returned to the NHS and support frontline patient care.

Secondary information

Type
Written question
Reference
25647
Session
2026-27
Grouped for answer
Yes
Subjects
Drugs NHS Prices Regulation
Link
View this Written question on www.parliament.uk