U.K. Competition Appeal Tribunal fines Pfizer and Flynn Pharma nearly GBP70 million for excessive and unfair pricing

under its merger control powers (which resulted in a clearance subject to divestment of the U.K. rights to the products, and a fine of GBP1.5m, imposed in November 2024 for procedural infringements by the seller). 

However, the CMA does not currently have any publicly announced open investigations into abusive pricing practices, which have been among the most common cases to succeed (at least in part) on appeal. To some degree, recent CAT and Court of Appeal decisions confirm that the CMA should continue to have ambition to enforce against these practices in this sector. The risks associated with abusive pricing practices should certainly remain on the radar of pharmaceutical companies. However, these cases have also made clear that the CMA will often face a difficult and unpredictable road in having its substantive and procedural findings on abusive pricing practices in the sector challenged. Any further appeal by Pfizer, Flynn Pharma or the CMA of the present decision should be monitored closely and, if the CMA shows appetite to investigate similar practices in this sector in the future, its approach will require careful scrutiny.