The UK Court of Appeal provides guidance on the legal test for excessive and unfair pricing after finding that an undertaking is charged unfairly high prices for phenytoin sodium capsules (Flynn / Pfizer)

Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”. The UK Court of Appeal recently provided guidance regarding the legal test to determine whether pricing is excessive and unfair. In March, it dismissed the UK Competition and Markets Authority’s (“CMA”) appeal in the Phenytoin case. Background Phenytoin sodium is a prescription anti-epilepsy drug available in a variety of forms, including capsules and tablets. Phenytoin sodium capsules were manufactured and sold by Pfizer Limited (“Pfizer”) under the brand name “Epanutin” in the UK. In 2012, Pfizer transferred the marketing authorisation (“MA”) for the capsule form of phenytoin sodium to Flynn

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Covington & Burling (Brussels)
  • Covington & Burling (Brussels)
  • Covington & Burling (Brussels)

Quotation

Spyridon Goulielmos, Wesley Lepla, Miranda Cole, The UK Court of Appeal provides guidance on the legal test for excessive and unfair pricing after finding that an undertaking is charged unfairly high prices for phenytoin sodium capsules (Flynn / Pfizer), 10 March 2020, e-Competitions March 2020, Art. N° 95061

Visites 41

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues