Flynn and Pfizer v Competition and Markets Authority  CAT 11: the test for excessive pricing
The Competition Appeal Tribunal (‘the Tribunal’) handed down its judgment in Flynn and Pfizer v CMA  CAT 11 on 7 June 2018. The Tribunal has set aside parts of the Competition and Markets Authority’s (‘CMA’) decision imposing combined fines on the pharmaceutical companies, Pfizer and Flynn, of approximately £90 million for charging (allegedly) unfairly high prices for the anti-epileptic drug (phenytoin sodium capsules) in breach of Article 102 TFEU / the Chapter II prohibition. In doing so, the Tribunal conducted a significant review of the relevant law relating to the test for identifying unfair pricing.
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