The UK Court of Appeal considers the test for excessive pricing after an undertaking had charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn)

Introduction In December 2016, the UK’s Competition and Markets Authority (CMA) found that Pfizer and Flynn had charged unfairly high prices for phenytoin sodium capsules, an important anti-epilepsy drug, in breach of competition law. The CMA imposed fines totalling £90 million. Pfizer and Flynn appealed the decision to the Competition Appeal Tribunal (CAT) which overturned the CMA’s decision in June 2018 on the grounds that the CMA had misapplied the legal test for unfair pricing. The CMA (and Flynn in respect of another aspect of the decision) appealed, and on 10 March 2020 the Court of Appeal handed down its judgment. [1] Background Phenytoin sodium is used to help control the frequency of epileptic seizures. It is available in tablet and capsule form. In 2012, Flynn acquired the

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Matthew Hunt, Stephen Smith, The UK Court of Appeal considers the test for excessive pricing after an undertaking had charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn), 10 March 2020, e-Competitions March 2020, Art. N° 93661

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