header-logo header-logo

24 June 2026
Issue: 8167 / Categories: Legal News , Health , Competition , Consumer
printer mail-detail

Bitter medicine for pharma giants

The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug

Pfizer and Flynn v Competition Markets Authority [2026] EWCA Civ 765 concerned an exclusive distribution agreement between Pfizer and Flynn in 2012, under which Pfizer sold the marketing authorisation to Flynn for £1. Flynn then debranded the medicine and sold it to the NHS for up to 2682% higher than before, with the price of a 100mg pack rising from £2.21 to £59.53.

Following complaints, the CMA made a finding of unfair pricing in 2016. However, the CAT subsequently found the CMA was guilty of bias, had predetermined the outcome, and reversed the burden of proof and presumption of innocence, in Pfizer and another v Competition and Markets Authority [2024] CAT 65. It agreed Pfizer and Flynn had acted unlawfully but replaced the CMA’s reasoning with its own.

Both the CMA and the pharmaceutical companies appealed.

Rejecting the CAT’s approach last week, Lords Justice Green, Snowden and Zacaroli found the CAT ‘failed to engage with, or mischaracterised, the CMA’s decision on critical issues’ and was ‘wrong’ to set it aside. They held the CAT found errors ‘which, on a fair reading, the CMA did not make’. Rejecting the CAT’s finding of bias in the CMA’s approach, they stated ‘the CAT was wrong to find that the CMA predetermined the outcome… and examined the evidence in a biased and selective way’.

The court will now hear further submissions and decide whether to reinstate the CMA’s decision, including fines.

Juliette Enser, executive director of competition enforcement at the CMA, said it was ‘an important judgment’ which recognised ‘that our findings were based on a fair and robust assessment of the evidence’.

Issue: 8167 / Categories: Legal News , Health , Competition , Consumer
printer mail-details

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll