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United Kingdom › Pharmaceutical Industry › Abuse of Dominance

Mayer Brown

Big Firms, Be Careful What You Say: First UK Competition Disparagement Decision Puts Large Companies On Notice

Mayer Brown on

OVERVIEW - The UK Competition and Markets Authority (“CMA”) has recently published a decision accepting commitments from Vifor Pharma (“Vifor”). This brings to a close an unprecedented abuse of dominance investigation...more

Skadden, Arps, Slate, Meagher & Flom LLP

The UK Court of Appeal Overturns CAT and Imposes Agency Discretion on Excessive Price Benchmark

Skadden, Arps, Slate, Meagher & Flom LLP on

On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down its judgment in the appeals by the U.K. Competition and Markets Authority (CMA) and Flynn Pharma Ltd. against a June 2018 Competition Appeal...more

Hogan Lovells

The Court of Justice of the European Union provides clarifications on the assessment under competition law of pay-for-delay deals...

Hogan Lovells on

On 30 January 2020, the Court of Justice of the European Union (CJEU) issued its decision on a request for preliminary ruling submitted by the UK Competition Appeal Tribunal (CAT) in a case concerning the long-standing...more

White & Case LLP

The CMA Remicade decision: discount schemes and abuse of dominance – effects matter!

White & Case LLP on

On 14 March 2019, the UK Competition and Markets Authority (CMA) decided to close its investigation into a discount scheme by Merck Sharp & Dohme Limited (MSD). The CMA concluded that there were no grounds for it to take...more

Jones Day

UK Competition Appeal Tribunal Overturns Abuse of Dominance Fines on Pharmaceutical Companies

Jones Day on

The UK's Competition Appeal Tribunal (the "CAT") has overturned a finding of abuse of dominance against Pfizer Inc. and Flynn Pharma Ltd. The ruling followed appeals by those companies against a 2016 Competition & Markets...more

BCLP

UK Competition Regulator Applies for Permission To Appeal Pfizer/Flynn Excessive Pricing Ruling

BCLP on

On 28 June 2018, the UK Competition and Markets Authority (CMA) announced that it has applied to the Competition Appeal Tribunal (CAT) for permission to appeal against the CAT’s judgment on appeals by Pfizer and Flynn against...more

BCLP

Excessive Price? Compared to What?

BCLP on

On 7 June 2017, the Competition Appeal Tribunal (“CAT”) set aside parts of the Competition & Market Authority’s (“CMA”) decision in relation to the CMA’s finding that Pfizer and Flynn charged excessive and unfair prices for...more

A&O Shearman

Excessive Pricing, ‘Pay-For-Delay’ and Rebates: A New Era of Enforcement in the Pharmaceutical Industry

A&O Shearman on

The European Commission (EC) and other national competition authorities (NCAs) have traditionally shied away from investigating allegations of excessive pricing and appearing as price regulators. Commissioner Vestager warned...more

Latham & Watkins LLP

Competition Appeal Tribunal Refuses Interim Relief in Pharma Pricing Case

Latham & Watkins LLP on

The Competition Appeal Tribunal (the “CAT”) in the UK heard on 17 January 2017 an application by Flynn Pharma Ltd and Flynn Pharma (Holdings) Ltd (together “Flynn”) to suspend the Competition and Markets Authority’s (the...more

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