Pricing investigations
Aspen has been criticized for aggressively increasing the prices of generic drugs it sells, leading to a number of investigations and fines.[46] In October 2016, Aspen was fined $5.5 million by the Italian Competition Authority for price hikes[46] initiated between 2012 and 2014 in respect to certain cancer drugs.[46] Aspen unsuccessfully[47] appealed the ruling,[46] arguing that while the hikes appeared large, they resulted from "a very low and unsustainable price base."[48] By 2016 Aspen was also being accused of the same practices, including artificially restricting supply, in the United Kingdom, Australia, New Zealand, Spain, France, Brazil, and South Africa. In a British study, it was found that Aspen's Busulfan, a cancer treatment used by the British National Health Service, had undergone a price hike of 1,143% between 2011 and 2016. Aspen argued to The Times that the price hikes had been at "levels appropriate to promote long-term sustainable supply to patients" while also arguing that shortages of cancer medicines had not been deliberate, but tied to temporary manufacturing limitations.[49]
In October 2017, the South African Competition Commission dropped its investigation into Aspen's pricing of various cancer medicines after determining "an excessive pricing case could not be sustained against them."[50] That year, The Guardian noted that Aspen's share value had risen significantly during the period when the price increases had been implemented, and that GSK had profitably sold its Aspen shares in three tranches. Aspen responded that the "oncology portfolio in question" had not been responsible for the majority of its generated revenue during that time,[51] with The Times noting that the drugs generated "just 2.7%" of Aspen's R35.6-billion revenue in 2016.[52] After an investigation by the UK's Competition and Markets Authority into arrangements Aspen made regarding the UK market for Fludrocortisone, Aspen agreed to pay the National Health Service £8 million in 2019.[53]
After a three year investigation[54] into Aspen's pricing of generic cancer drugs,[46] in July 2020 the European Commission announced that Aspen had committed to a price reduction on six cancer drugs of 73% for over 10 years,[54] while guaranteeing supply over at least 5 years to the European Economic Area sans Italy.[54] The investigation was conducted due to rising prices for five drugs (chlorambucil, melphalan, mercaptopurine, tioguanine and busulfan). The commission found that from 2012 to 2019, Aspen had in the EEA persistently earned high profits with its average prices "exceeding costs by almost 300%" for products that had been off-patent for about 50 year. In order to prevent any further abuse of a dominant position, if Aspen intended to discontinue its supplies, the company must inform any concerned member states at least one year in advance, as well as making EU marketing authorizations for the products available for any interested third party to acquire. While Aspen had disagreed with the commission's preliminary assessment, the company "proposed commitments to the commission that would be satisfactory to all the parties involved" to address competition concerns. In February 2021, the 73% price reduction was agreed upon as binding. No fines were levied.[54]