this post was submitted on 20 Nov 2024
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Firms which raised prices for key epilepsy medicine – causing NHS costs to soar to £50 million – found by the CAT to have breached competition law.

  • In a judgment handed down today, the CAT found that Pfizer and Flynn abused their dominant positions by charging excessive prices for a life-saving epilepsy drug, phenytoin sodium capsules, between 2012 and 2016.

  • The CAT set aside the CMA’s decision, but made its own infringement findings against the parties on 7 out of the 8 infringements originally found by the CMA.

  • The CAT found that the parties intentionally abused their dominant positions and that “both Pfizer and Flynn were gouging the market in a manner that can only be characterised as unjustifiable or opportunistic or – in a word – unfair”. The CAT went on to impose combined fines on Pfizer and Flynn of £69 million.

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