The Business Law Reports
[2020] Bus LR 803
Court of Appeal
Competition and Markets Authority v Flynn Pharma Ltd (European Commission intervening)
[2020] EWCA Civ 339
2019 Nov 26–28; 2020 March 10
Sir Geoffrey Vos C, Green LJ, Sir Stephen Richards
Competition— Abuse of dominant position— Unfair price— Case law establishing prices abusive if excessive and unfair— Correct methodology to determining whether prices excessive— Whether competition authority required to construct hypothetical benchmark price— Whether two tests for determining unfairness mutually exclusive— Nature and extent of competition authority’s duty to evaluate evidence adduced by undertaking—
Competition Act 1998 (c 41), s 18
—
FEU Treaty
, art 102