8 June 2018

Court overturns CMA decision on excessive pricing

On Thursday 7 June, the UK Competition Appeals Tribunal (“CAT”) set aside the CMA’s 2016 decision which had determined that Pfizer and Flynn breached competition law by charging unfair prices for phenytoin sodium capsules. The CAT found that the CMA had “not correctly apply the legal test for finding that prices were unfair; it did not appropriately consider what was the right economic value for the product at issue; and it did not take sufficient account of the situation of other, comparable, products”. RBB acted for Pfizer throughout the CMA investigation and the appeal. The court found that RBB’s written evidence in expert testimony put forward by Derek Ridyard was “clear and persuasive”.

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