Flynn Pharma is pleased to receive the judgment of the Court of Appeal regarding the CMA’s phenytoin investigation. This case is approaching its seventh anniversary, notwithstanding that Flynn had clearly set out its position and logic from the earliest days of the case.

Flynn’s arguments and position were not accepted firstly by the CMA case team and secondly by the CMA Case Decision Group, leading to an Infringement Decision being issued in December 2016. This decision was appealed by Flynn Pharma. Following a full merits review, in June 2018, the Competition Appeal Tribunal (CAT) set aside penalties and remitted the case to
the CMA for reconsideration.

The CMA took the matter to the Court of Appeal in November 2019. Today’s Court of Appeal judgment rejects the CMA’s appeal and upholds the CAT decision remitting the matter to the CMA. The Court of Appeal’s findings on the law reflect Flynn’s position since the outset of this investigation and vindicate Flynn’s consistently stated position that the basis of CMA’s Decision
was fundamentally flawed.

The lengthy investigation and appeal processes have been a significant distraction causing irreparable harm to Flynn. Whilst we recognise and appreciate the important public interest that the CMA seeks to serve, we submit that the CMA was wrong to use this case to push and test the boundaries of the law.

All media enquiries should be directed to Farraline Public Relations for the attention of Richard Elsen. Contact details:

Email: Richard.elsen@farraline.com

Mobile: 07886 757307