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
Share on
|
|
The UK Court of Appeal of England and Wales upholds the Competition Appeal Tribunal’s quashing of the Competition Authority’s decision against pharmaceutical undertakings who had allegedly abused their dominant position by pricing their epilepsy drug unfairly (Pfizer / 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.
