The UK Competition Appeal Tribunal finds an incorrect application of the legal test for dominant position and quashes the CMA’s record fines imposed to two pharmaceutical companies for charging excessive prices for anti-epilepsy drug (Pfizer / Flynn)

EXCESSIVE PRICE? COMPARED TO WHAT?* On 7 June 2017, the Competition Appeal Tribunal (“CAT”) set aside parts of the Competition & Market Authority’s (“CMA”) decision in relation to the CMA’s finding that Pfizer and Flynn charged excessive and unfair prices for phenytoin sodium capsules and referred the matter back to the CMA for reconsideration. In doing so, the CAT also quashed the CMA’s record fines of nearly £90 million which it had imposed on Pfizer and Flynn. In December 2016, the CMA issued an infringement decision against Pfizer and Flynn, finding that Pfizer’s supply prices to Flynn and Flynn’s selling prices for phenytoin sodium capsules (used to treat epilepsy) were excessive and in breach of Article 102 of the Treaty of the Functioning of the EU (“TFEU”) and Chapter II of the

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  • Bryan Cave Leighton Paisner (London)

Quotation

Robert Bell, The UK Competition Appeal Tribunal finds an incorrect application of the legal test for dominant position and quashes the CMA’s record fines imposed to two pharmaceutical companies for charging excessive prices for anti-epilepsy drug (Pfizer / Flynn), 7 June 2018, e-Competitions Bulletin December 2018, Art. N° 88515

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