Legal Updates

The UK Competition Appeal Tribunal ("CAT") has overturned the UK Competition and Markets Authority's ("CMA") decision to impose a record £89.7 million fine against Pfizer and Flynn Pharma ("Flynn") for charging unfair and excessive prices for phenytoin sodium capsules, contrary to Article 102 TFEU and the Chapter II provision. The CAT has indicated that it is minded to send the case back to the CMA for further consideration, however it has invited written submissions from the parties before doing so. This briefing covers: (a) the CMA's 2016 decision; (b) the CAT's June 2018 judgment; and (c) expected next steps. Key points are summarised below.  

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The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
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