The UK Competition Appeal Tribunal partially sets aside the Competition Authority’s decision fining two undertakings nearly £90 million for charging unfairly high and excessive prices for anti-epilepsy drugs (Pfizer / Flynn)

On 7 June 2018, the UK’s Competition Appeal Tribunal (CAT) partially set aside the Competition and Market Authority’s (CMA’s) decision fining Pfizer and Flynn nearly £90 million for charging unfairly high, or excessive, prices for phenytoin sodium capsules (an anti-epilepsy drug) in breach of EU and UK competition law. The CMA’s 2016 decision was highly controversial. Indeed, even though the relevant law expressly provides that “imposing unfair purchase or selling prices” is prohibited, and a 1978 European Court of Justice (ECJ) judgment confirmed that it is illegal for a dominant firm to charge a price which is excessive because it has no reasonable relation to the economic value of the product supplied, there has been relatively little enforcement action in this area. Rather, EU

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  • Freshfields Bruckhaus Deringer (London)

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Sarah Jensen, The UK Competition Appeal Tribunal partially sets aside the Competition Authority’s decision fining two undertakings nearly £90 million for charging unfairly high and excessive prices for anti-epilepsy drugs (Pfizer / Flynn), 7 June 2018, e-Competitions June 2018, Art. N° 94226

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