1275/1/12/17 Flynn Pharma Ltd and Flynn Pharma (Holdings) Ltd v Competition and Markets Authority

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Summary of appeal published on 14 February 2017. A first case management conference (“CMC”) took place on 8 March 2017.  At the first CMC the Chairman refused two third party applications to intervene ([2017] CAT 7) and ordered that the appeal be heard with Case 1276/1/12/17 in a hearing commencing on 30 October 2017.  At the second CMC on 27 June 2017 the Chairman gave further case management directions.  A pre-trial review listed for 28 September 2017 was vacated.  The substantive hearing took place over 13 days between 30 October 2017 and 24 November 2017.   

Judgment was handed down on 7 June 2018 ([2018] CAT 11).  The version of the Judgment available on this website as of 24 July 2018 is the final non-confidential version.  This version re-instates some text which was provisionally excised from the Judgment at the time of handing down pending confidentiality submissions from the parties.  

On 25 July 2018 the Tribunal handed down a Ruling ([2018] CAT 12) refusing the parties permission to appeal and remitting the issue of abuse to the CMA for reconsideration in accordance with the Judgment.

In August 2018, the parties renewed their permission to appeal applications before the Court of Appeal. Permission to appeal was granted to the CMA and to Flynn (in part) by the Court of Appeal on 12 December 2018. The appeals were heard by the Court of Appeal on 26-28 November 2019.  Judgment was handed down on 10 March 2020 ([2020] EWCA Civ 339).

On 29 March 2019 the Tribunal gave a ruling in relation to costs ([2019] CAT 9). On 21 May 2019 the Tribunal granted permission to the CMA  to appeal the Tribunal's ruling on costs ([2019] CAT 16). The appeal was heard by the Court of Appeal on 29-30 April 2020. Judgment was handed down on 12 May 2020 ([2020] EWCA Civ 617).

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