“… aggregate sense, but there would be a flattening out of the sums distributed by way of damages. In Flynn Pharma and others v Competition and Markets Authority [2020] EWCA Civ 339 at paragraphs [118] – [125]) the Court had to rule upon the test to be applied to decide whether a drug price was excessive and an abuse of dominance. It rejec…”
“…ation. The CMA’s subsequent appeal to this court in large part failed; but that court also recognised that the issues “were of considerable public importance”: [2020] EWCA Civ 339 at [15].…”
“…ement of competition law is treated for many purposes as a breach of the criminal law, as this court held in the appeal against the CAT’s substantive decision: [2020] EWCA Civ 339 at [136]. But that, in my judgment, is only of tangential relevance to the question of costs. It must not be forgotten that a corporate defendant (unlike an in…”
“…ve body (such as the CMA) is only compliant with article 6 of the ECHR if an appellate tribunal has full jurisdiction to examine all questions of fact and law: [2020] EWCA Civ 339 at [137] and [140]. In those circumstances, it is entirely appropriate to describe the CMA’s role in the CAT as defending a regulatory or administrative decisi…”