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The UK Court of Appeal seeks to reinstate record fines totally £89.4m imposed on pharmaceutical companies for abuse of dominant position through excessive and unfair pricing of an anti-epilepsy drug (Flynn Pharma / Pfizer)

On 10 March 2020 the UK Court of Appeal handed down its hotly anticipated judgment in Flynn Pharma Limited & Anr vs Competition and Markets Authority. The UK Competition and Markets Authority (CMA) was seeking to reinstate record fines totalling £89.4m imposed on pharmaceutical companies Pfizer and Flynn Pharma in 2016, for abuse of a dominant position through excessive and unfair pricing of an anti-epilepsy drug. The CMA’s findings of abuse, and related penalties, had been set aside by the Competition Appeal Tribunal (CAT) ruling in June 2018 which had remitted the case back to the CMA for reconsideration. The Court of Appeal dismissed three of the CMA’s four grounds of appeal, and refused to reinstate the fines. It upheld the CAT’s judgment, including the order made by the CAT for

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Authors

  • Herbert Smith Freehills (London)
  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (London)

Quotation

Ruth Allen, Kyriakos Fountoukakos, Stephen Wisking, The UK Court of Appeal seeks to reinstate record fines totally £89.4m imposed on pharmaceutical companies for abuse of dominant position through excessive and unfair pricing of an anti-epilepsy drug (Flynn Pharma / Pfizer), 10 March 2020, e-Competitions Preview, Art. N° 93718

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