Abstract

On 25 May 2022 the UK Supreme Court gave judgment in Competition and Markets Authority v. Flynn Pharma and Pfizer, overturning a Court of Appeal ruling which had held that the Competition and Markets Authority should be protected against adverse costs awards in most appeals against CMA decisions. This article examines the background to the case, summarizes the Supreme Court’s main findings and sets the judgment in its wider policy context, focusing in particular on recent debates about appropriate standards of review of competition authority decisions.

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