Pfizer v CMA; Flynn Pharma v CMA (phenytoin sodium capsules) [Archived]

Published by a LexisNexis Competition expert
Practice notes

Pfizer v CMA; Flynn Pharma v CMA (phenytoin sodium capsules) [Archived]

Published by a LexisNexis Competition expert

Practice notes
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CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 7 June 2018; it is no longer maintained.

NOTE—on 20 December 2018, the Court of Appeal granted the CMA permission to appeal the CAT’s judgment of 7 June 2018

See further, timeline, commentary and related cases.

Case facts

OutlineFlynn Pharma Limited and Flynn Pharma (Holdings) Limited v CMA (1275/1/12/17), Pfizer Inc. and Pfizer Limited (1276/1/12/17)–appeals to the CAT in relation to the CMA’s decision of 12 February 2016 in Case CE-9742–13 phenytoin sodium capsules.
Latest developmentOn 25 July 2018, the CAT issued a ruling in which it (i) refused both Flynn and Pfizer permission to appeal the CAT’s judgment of 7 June 2018 (ii) remitted the issue of abuse to the CMA for reconsideration in accordance with that judgment and (iii) confirmed that the timing of the remittal should be immediate (instead of staying the remittal until the final determination of any appeal).
PartiesAppellants: • Pfizer Inc. and Pfizer Limited (together Pfizer).
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Jurisdiction(s):
United Kingdom
Key definition:
CMA definition
What does CMA mean?

means the competition and markets authority, the UK national competition authority

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