Regina and The Secretary of State for Health v Association of Pharmaceutical Importers and Dowelhurst Limited: CA 18 Dec 2001

The applicants sought to quash the Scheme in the 1999 Regulations by judicial review. Prescribers under the NHS are not directly concerned with price, and that led to the need for independent regulatory controls over prices. Those controls allowed modulation of the prices, so that companies could select how the overall required price reduction was apportioned between products. That modulation was challenged.
Held: It was not possible to sever the modulation provisions. There was no discriminatory effect against imports resulting from the Scheme. Appeal dismissed.

Judges:

The Master Of The Rolls, Lord Justice Aldous, Lord Justice Ward

Citations:

[2001] EWCA Civ 1896, [2002] UKCLR 305, [2002] Eu LR 197

Links:

Bailii

Statutes:

Pharmaceutical Price Regulation Scheme 1999, Health Act 1999 33

Jurisdiction:

England and Wales

Citing:

CitedParke, Davis and Co v Probel, Reese, Beintema-Interpharm and Centrafarm ECJ 29-Feb-1968
ECJ The restrictive nature of article 85(1) is incompatible with any extension of the prohibition for which it provides beyond the three categories of agreement exclusively enumerated therein. The existence of . .
Lists of cited by and citing cases may be incomplete.

Health, Commercial

Updated: 29 June 2022; Ref: scu.167219