According to the CMA’s preliminary findings, Pfizer Ltd. and Flynn Ltd. abused their dominant position by charging the NHS unfair prices for four years for phenytoin sodium capsules, an anti-epilepsy drug. [1]

In the CMA’s opinion, the companies used a legal loophole by de-branding the drug, with the effect that the drug was not subject to price regulation in the way branded drugs are.

The companies Pfizer Ltd. and Flynn Ltd. can respond to these preliminary findings in the Statement of Objections. After studying these objections, the CMA must decide whether they have broken the law.

[1] CMA press release, ‘CMA accuses pharma firms of illegal pricing’, 5 August 2021.