Court Ruling On Pfizer Price Hikes Could Delay Other Investigations, Warns UK Competition Authority
Ongoing Investigations into drug price increases could be at risk following a tribunal ruling in the UK phenytoin sodium case, according to the Competition and Markets Authority, which is considering an appeal against the judgment.
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After reassessing part of a UK case involving Pfizer and Flynn Pharma over pricing for phenytoin sodium capsules, the country’s competition regulator has reaffirmed that the companies abused their dominant positions to overcharge the NHS and has issued £70m in fines.
After a court last year overturned CMA fines of almost £90m imposed on Pfizer and marketing partner Flynn Pharma over pricing for phenytoin sodium capsules, the UK competition regulator has issued a fresh statement of objections after reassessing the case in light of the ruling’s guidance on how unfair pricing should be evaluated.
The recent upsurge in cases of high drug prices being pursued by competition authorities in Europe could help to lay down some markers for judging what is an “excessive” price in future. At the same time, Brexit could see the UK and the EU begin to drift apart in terms of how they apply competition law to pricing issues.