Wilson Sonsini's Andrew Morrison, Deirdre Carroll, and Jindrich Kloub authored a Law360 article analyzing two UK Court of Appeal rulings that settle the legal test for excessive pricing under competition law. The piece, "Drug Rulings Clarify Pricing Test and Penalty Reviews," examines Pfizer Inc. and another v. Competition (also referred to as Phenytoin II) and Auden Mckenzie and another v. CMA (also referred to as Hydrocortisone II), both involving end-of-life medicines.
The authors outline the increasingly well-settled test for excessive and unfair pricing and detail how the Court of Appeal has reinforced the Competition Appeal Tribunal's obligation to give reasoned decisions on penalty challenges, offering practical guidance for businesses on documenting pricing decisions.
To read the full article, click here.