Excessive Pricing in the Pharmaceutical Market – How the CAT Shot Down the CMA’s Pfizer/Flynn Case

Click here to read the full article online

In the last couple of years, there has been a trend for antitrust watchdogs around the world to invest resources in excessive pricing cases. Especially the pharmaceutical sector has been at the centre of this new activity. Last year, the European Commission opened its first investigation into excessive pricing in ages, into the prices of Aspen’s cancer drugs. This followed on from an investigation by the Italian competition authority fining Aspen EUR 5.2 million in 2016 for the pricing of the same drugs. Similar cases were also pursued in South Africa. In the UK, the Competition and Markets Authority (CMA) opened a number of investigations of which at least two are ongoing and adopted a decision imposing large fines on Pfizer and Flynn Pharma.