Judgment of the Tribunal on an application by Flynn Pharma Limited and another (“Flynn”) for interim relief from compliance with directions contained in the decision of the Competition and Market Authority (“CMA”) of 7 December 2016 in Case CE/9742-13 ‘Unfair pricing in respect of the supply of phenytoin sodium capsules in the UK’. The directions required Flynn to reduce its pricing of its phenytoin sodium capsules. Flynn sought a suspension of the directions pending the determination of its substantive appeal against the CMA’s decision. The Tribunal set out the relevant questions it had to ask itself at [32]-[33]. The Tribunal concluded that it had jurisdiction to hear the application at [56]-[64]. The Tribunal considered the “balance of interests” for and against granting relief at [102]-[112]. Ultimately, the Tribunal decided against granting interim relief and refused the application [113].
This is an unofficial summary prepared by the Registry of the Competition Appeal Tribunal.
