Jurisdiction(s):
United Kingdom

Key definition

Article 102 definition

What does Article 102 mean? In practice, “Article 102” refers to the EU competition law rule that bans undertakings with market power from abusing a dominant position in a substantial part of the internal market where the conduct affects trade between Member States. It is set out in Article 102 of the Treaty on the Functioning of the European Union and shaped by extensive Court of Justice case law. Core features include: proof of dominance (the ability to act independently of competitive constraints); no need to show intent; and an abuse that is exploitative (for example, unfair pricing) or exclusionary (for example, predatory pricing,...

Excessive pricing of phenytoin sodium capsules—CMA Article 102/Chapter II case against Pfizer and Flynn Pharma: investigation, CAT/CA appeals, remittal and 2022 infringement decision (UK) (Archived)

Published by a LexisNexis Competition expert

Practice notes

ARCHIVED —this archived case hub captures the position as at the decision date of 21 July 2022; it is no longer being maintained. NOTE—appeals were lodged before the CAT by Pfizer and Flynn Pharma following the CMA’s 2016 decision (1525/1/12/22 and 1524/1/12/22). Subsequent appeals were also lodged by Pfizer and Flynn Pharma following the CMA’s 2022 decision (1525/1/12/22 and 1524/1/12/22). See further, timeline, commentary and related cases.

Case facts

Outline

CMA Article 102 TFEU/Chapter II investigation into Pfizer and Flynn Pharma concerning an alleged abuse of a dominant position through charging excessive and unfair prices for an anti-epilepsy drug, namely phenytoin sodium capsules (Case CE/9742-13).

Latest developments

On 21 July 2022, the CMA issued its infringement decision and imposed the following fines:

Pfizer—£63.3m
Flynn—£6.7m (representing 10% of Flynn’s global turnover)

Parties

Pfizer Inc (Pfizer) is a global pharmaceutical company which is headquartered in New York. It develops and produces medicines and vaccines for a wide range of medical conditions. Its Subsidiary in the UK directly involved in the sale of phenytoin sodium capsules is Pfizer Limited.

Flynn Pharma (Holdings) Limited (Flynn Pharma) is a specialised UK-based pharmaceutical company (headquartered in Stevenage) which acquires and commercialises branded products for the secondary healthcare market...

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Web page updated on 21/05/2026

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