The UK Competition Appeal Tribunal announces its provisional judgment in an appeal against the Competition Authority’s infringement decision in an excessive price case (Pfizer / Flynn)

I. Introduction In the last couple of years, there has been a trend for antitrust watchdogs around the world to investigate excessive pricing, especially in the pharmaceutical sector. Last year, the European Commission opened its first investigation into excessive pricing in the pharmaceutical sector into the prices of Aspen’s cancer drugs. This followed on from an investigation by the Italian competition authority fining Aspen EUR 5.2 million in 2016 for the pricing of the same drugs. Similar cases were also pursued in South Africa. In the UK, the Competition and Markets Authority (“CMA”) opened a number of investigations of which at least two are ongoing and adopted a decision imposing large fines on Pfizer and Flynn Pharma (“Flynn”). This outbreak of excessive pricing investigations

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James Killick, Assimakis Komninos, The UK Competition Appeal Tribunal announces its provisional judgment in an appeal against the Competition Authority’s infringement decision in an excessive price case (Pfizer / Flynn), 7 June 2018, e-Competitions Burden of proof, Art. N° 87652

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