(1) Pfizer Inc & anr (Appellants) v The Competition and Markets Authority (Respondents) (2) Flynn Pharma Ltd & anr (Appellants) v The Competition and Markets Authority (Respondents)
Tuesday 27 – Thursday 29 January 2026
(1) By Appellant’s Notice submitted on 18 March 2025, Pfizer Inc. and Pfizer Limited appeal with the permission of the Competition Appeal Tribunal “the Cat”) the decision of the Competition Appeal Tribunal dated 20 November 2024.
In December 2016, the Competition and Markets Authority (CMA) fined Pfizer £84.2 million for charging excessive prices for the anti-epilepsy drug phenytoin sodium, contrary to Article 102 TFEU and Section 18 of the Competition Act 1998.
The CAT set aside CMA Decision I in Phenytoin I (2018) and ordered a reconsideration of the tablet market issue, which the Court of Appeal upheld in 2020. The CMA then issued a second infringement decision in 2022.
The CAT in Phenytoin II upheld Pfizer’s grounds of appeal and set aside CMA Decision II. However, the CAT dismissed Pfizer’s appeal by re-making an infringement decision under paragraph 3 of Schedule 8 of the Competition Act 1998.
(2) On 18 March 2025, Flynn Pharma Limited and Flynn Pharma (Holdings) Limited appealed the Competition Appeal Tribunal’s 20 November 2024 decision, with the Tribunal’s permission.
In December 2016, the CMA fined Flynn Pharma £5,164,425 million for charging excessive prices for the anti-epilepsy drug phenytoin sodium, contrary to Article 102 TFEU and Section 18 of the Competition Act 1998.
The CAT set aside CMA Decision I in Phenytoin I (2018), remitting the abuse issue because the CMA had not adequately considered the tablet market. The setting aside and the remittal were upheld by the Court of Appeal in 2020. The CMA adopted its second infringement decision in 2022 (“CMA Decision II”).
The CAT in Phenytoin II upheld Flynn Pharma’s grounds of appeal and set aside CMA Decision II. However, the CAT dismissed Flynn Pharma’s appeal by re-making an infringement decision under paragraph 3 of Schedule 8 of the Competition Act 1998.
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