The UK Court of Appeal Clarifies the Legal Test for Excessive Pricing* 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
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The UK Court of Appeal of England and Wales provides guidance regarding the legal test to determine whether pricing is excessive and unfair in the pharmaceutical market (Pfizer / Flynn)
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