The UK Competition Appeal Tribunal quashes the CMA’s decision against pharmaceutical undertakings who had abused their dominant position by pricing their epilepsy drug unfairly (Pfizer / Flynn Pharma)

On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal's (CAT) quashing of the Competition and Markets Authority's (CMA) decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions in the market by pricing their epilepsy drug unfairly. Among other aspects, the Court of Appeal broadly upheld the CAT's findings that the CMA (i) misapplied the relevant legal test for unfair pricing; and (ii) failed adequately to consider alternative, countervailing evidence adduced by Pfizer and Flynn. Background Our full review of the first instance judgment, handed down by the CAT on 7 June 2018, can be found here. In short, in December 2016, the CMA found that both Pfizer and Flynn had abused their dominant positions in the narrowly defined markets for

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  • White & Case (Brussels)
  • White & Case (Brussels)
  • White & Case (London)

Quotation

James Killick, Assimakis Komninos, Aqeel Kadri, The UK Competition Appeal Tribunal quashes the CMA’s decision against pharmaceutical undertakings who had abused their dominant position by pricing their epilepsy drug unfairly (Pfizer / Flynn Pharma), 10 March 2020, e-Competitions May 2020 - II, Art. N° 94178

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