Jurisdiction(s):
United Kingdom

Key definition

CMA definition

What does CMA mean? In practice, CMA refers to the UK’s competition and markets authority, the national competition regulator that investigates mergers, cartels and abuse of dominance and enforces consumer protection law. The body is created and named by statute (Enterprise and Regulatory Reform Act 2013) and exercises powers principally under the Competition Act 1998 and the Enterprise Act 2002, now complemented by the Digital Markets, Competition and Consumers Act 2024. Key functions include UK merger control (Phase 1/Phase 2), market studies and market investigations, antitrust enforcement with administrative fines, acceptance of commitments and remedies, criminal cartel enforcement, director disqualification, and consumer law enforcement....

UK CAT judgment in Pfizer/Flynn v CMA (phenytoin sodium): dominance upheld; excessive pricing abuse finding quashed; remitted to CMA; Court of Appeal permission granted

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub records the position as at the judgment dated 7 June 2018 and is no longer maintained. Note — on 20 December 2018, the Court of Appeal granted the CMA permission to appeal the CAT’s judgment of 7 June 2018. See the timeline, commentary and related cases.

Case facts

Outline Flynn Pharma Limited and Flynn Pharma (Holdings) Limited v CMA (1275/1/12/17), and Pfizer Inc. and Pfizer Limited (1276/1/12/17) — appeals before the CAT concerning the CMA’s decision of 12 February 2016 in Case CE‑9742‑13 regarding phenytoin sodium capsules.

Latest development

On 25 July 2018, the CAT ruled that: (i) both Flynn and Pfizer were refused permission to appeal the CAT’s 7 June 2018 judgment; (ii) the question of abuse was remitted to the CMA for reconsideration consistent with that judgment; and (iii) the remittal should proceed immediately, rather than be stayed pending the final outcome of any appeal.

Parties

Appellants:

Pfizer Inc. and Pfizer Limited (together, Pfizer).
Flynn Pharma Limited and Flynn Pharma (Holdings) Limited (together, Flynn)...

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Web page updated on 22/05/2026

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