Delphi advisor to pharmaceutical company Lupin in competition investigation by the Swedish Competition Authority, now closed

Advokatfirman Delphi has advised Lupin Europe GmbH and Lupin Atlantis Holdings SA (“Lupin”) in an investigation conducted by the Swedish Competition Authority regarding allegations of abuse of a dominant position concerning an overpricing of an orphan drug, which was initiated in May 2024.

After extensive investigative measures, the Swedish Competition Authority decided on 15 October 2025 to close the investigation without taking a position on whether Lupin has a dominant position.

The investigation concerned the pricing of NaMuscla, which holds a marketing authorisation issued by the European Medicines Agency, for treatment of the ultra-rare disease non-dystrophic myotonia. Lupin has invested heavily in order to get NaMuscla to the market since no approved treatments existed. NaMuscla is a so-called repurposed orphan drug where a new indication has been studied and approved for a previously existing active ingredient which was no longer on the market. The European Commission has emphasised the importance of companies investing in repurposed drugs to address unmet medical needs.

To determine whether a price is excessive, competition authorities can compare prices and costs. The Swedish Competition Authority investigation confirmed that Lupin had undertaken significant investments to repurpose the drug, and following a price/cost analysis, closed its investigation into the pricing of NaMuscla

The case was handled by a team led by Elisabeth Eklund and Karin Roberts, which also included Johan Persson Ed. Lupin was also assisted by competition economists at RBB led by Petter Berg and Niklas Strand assisted by Bastian Haberer, Tilda Lidman and Nanna Daugaard.