The Cat Warns Antitrust Watchdogs to be Careful When Looking at Excessive Pricing

By James Killick & Assimakis Komninos – 

This article analyses the recent judgment of the UK Competition Appeal Tribunal (“CAT”) which annulled the decision fining Pfizer and Flynn Pharma for abusing their dominant position by charging excessive prices for a pharmaceutical product. While some elements of the CAT’s ruling are based on the relatively unusual facts of the case, the judgment also analyses the law in detail and proposes a set of tests for future cases. While it is clear that competition authorities can continue to bring excessive pricing cases, the ruling emphasizes that excessive pricing decisions must be “soundly based on proper evidence and analysis” and must also respect the presumption of innocence.

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