CAT upholds appeals against finding of an unlawful agreement in Allergan PLC & Ors V The Competition and Markets Authority

The CAT has today published two judgments in Allergan PLC & Ors V The Competition and Markets Authority concerning a CMA Decision which found an unlawful agreement in relation to 10 mg hydrocortisone tablets. The first judgment (dated 29 September 2023 and originally handed down confidentially to the parties) addresses the substantive arguments on appeal and raises certain questions of due process. Those questions of due process were considered at a further (closed) hearing in October 2023. The second judgment, dated 8 March 2024, upholds the appeals against the finding of an unlawful agreement in the CMA Decision on the basis of the CAT’s findings that the CMA did not put certain adverse findings in the Decision to witnesses called by Advanz.

Robert Palmer KC, Laura John and Jack Williams (instructed by Linklaters LLP) appeared for the Intas Appellants.

Mark Brealey KC (instructed by Morgan, Lewis & Bockius UK LLP) appeared for the Advanz Appellants.

Josh Holmes KC, Nikolaus Grubeck, Michael Armitage and Daisy Mackersie (instructed by the legal department of the Competition and Markets Authority) appeared for the Competition and Markets Authority.