Source: All England Reporter
Publisher Citation: [2002] All ER (D) 54 (Jan)
Court: Competition Commission Appeal Tribunal
Judge:

Sir Christopher Bellamy (President), Mr B Colgate and Professor P Grinyer

Representation Nicholas Green QC (instructed by Herbert Smith) for the applicant.
  Peter Roth QC and Jon Turner (instructed by Director of Legal Services, Office of Fair Trading) for the respondent.
Judgment Dates: 15 January 2002

Catchwords

Competition Commission Appeal Tribunal - Restriction of competition - Pricing - Applicant holding dominant market position in respect of supply of pharmaceutical product to community and hospital segments of market - Director General of Fair Trading making directions for regulation of pricing and imposing fine on applicant - Whether applicant abusing dominant position by operating predatory pricing policy - s 36.

The Case

On an appeal to the Competition Commission Appeal Tribunal against a decision by the Director General of Fair Trading by which he gave directions regulating the pricing of a sustained release morphine product manufactured by the applicant to the hospital and community segments of the market, the tribunal reduced the fine imposed on the applicant under s36 of the on account of the mitigation advanced by the applicant but, in all other respects, dismissed the appeal.

Practice Areas

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