The UK Supreme Court ruled in favor of CMA in the case regarding excessive pricing.
In December 2016, after extensive investigation, CMA found that Pfizer and Flynn violated competition rules by applying excessive pricing for phenytoin sodium capsules which is an important anti-epilepsy drug, and fined the parties a total of 90 million Pound. CMA intervened in the price increase made by pharmaceutical companies on the grounds that they applied a huge increase in the price of phenytoin capsules overnight in September 2012, although there was no change in their costs. During the period in question, NHS expenditure for phenytoin sodium capsules increased from about 2 million Pounds a year in 2012 to about 50 million Pounds in 2013.
Following the annulment decision of CAT, the CMA moved the file to the Supreme Court. The Supreme Court found that CAT had misapplied seminal EU jurisprudence as CAT required CMA to go beyond a cost plus calculation to determine excessive pricing. As a result, the Supreme Court did not find CAT's decision in place and decided in favor of the CMA. (CMA – 10.03.2020)
In Turkey, the Ankara 15th Administrative Court's sahibinden.com decision regarding to excessive pricing is also noteworthy. Ankara 6th Administrative Court's stated that excessive pricing is an exceptional violation that may be possible if the competition and consumer welfare is clearly damaged without hesitation. The Court annulled the Turkish Competition Authority’s (TCA) decision on the grounds that the facts, claims and determinations provided by TCA do not meet the requirements for excessive pricing and the Authority’s decision is reached based on observation rather than concrete evidence. (Ankara 6th Administrative Court Decision 18/12/2019 - 2019/2625)
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