Lawyer Monthly - January 2023

authority, it was effectively exempt). I am also privileged to have appeared in several Court of Appeal cases involving important points of competition law. For example, recently in CMA v Pfizer [2020] I acted for Pfizer in its appeal against the CMA’s decision that the price of a drug was unfair. We successfully argued that the CMA had not applied the correct test for an excessively abusive price. The CMA had wrongly focused on a cost-plus model and had had insufficient regard to the prices of comparator products. The judgment contains important statements of principle concerning the CJEU’s judgment in United Brands and what considerations are relevant in determining an excessive price. In AB Volvo v Ryder Ltd [2020] EWCA Civ 1475 I acted for Ryder, which was suing various truck manufacturers for loss suffered because of the trucks cartel. The Competition law has been litigated in the UK now for some time. However, the last few years have seen some fundamental changes in the way it is litigated. FEATUREOF THEMONTH 15

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