Allergan PLC & Ors v The Competition and Markets Authority

Allergan PLC & Ors v The Competition and Markets Authority

The CMA's case was properly put to the witnesses and did not require allegations of dishonesty. The Tribunal erred in its procedural approach by issuing provisional findings and requiring further hearings. The Tribunal's findings as to anti-competitive agreements and market definition were supported by the evidence. The companies' appeals from the CMA's Decision are dismissed and the CMA's Decision is reinstated, excluding findings of dishonesty.

Parties
Appellant/respondent/applicant: Allergan PLC; Appellant/respondent/applicant: Amdipharm UK Limited; Appellant/respondent/applicant: Amdipharm Limited; Appellant/respondent/applicant: Advanz Pharma Services (UK) Limited; Appellant/respondent/applicant: Advanz Pharma Corp. Limited; Appellant/respondent/applicant: Cinven (Luxco 1) SARL; Appellant/respondent/applicant: Cinven Capital Management (V) General Partner Ltd; Appellant/respondent/applicant: Cinven Partners LLP; Appellant/respondent/applicant: Auden McKenzie (Pharma Division) Limited; Appellant/respondent/applicant: Accord-UK Limited; Respondent/appellant/respondent: The Competition and Markets Authority
Jurisdiction
England and Wales
Judgment Date
09 June 2024
Procedural Posture
Competition Appeal / Final Appellate Judgment
Outcome
CMA's appeal allowed; companies' appeals dismissed; Tribunal's findings reinstated (excluding dishonesty findings)
Legal Topics
Chapter I Prohibition, Anti Competitive Agreements, Market Definition, Due Process, Cross Examination, Dishonesty in Competition Law
Competition Law Chapter I Prohibition Anti Competitive Agreements Market Definition Due Process Cross Examination Dishonesty in Competition Law

Case Brief

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Parties

Allergan PLC

Appellant/respondent/applicant

Amdipharm UK Limited

Appellant/respondent/applicant

Amdipharm Limited

Appellant/respondent/applicant

Advanz Pharma Services (UK) Limited

Appellant/respondent/applicant

Advanz Pharma Corp. Limited

Appellant/respondent/applicant

Cinven (Luxco 1) SARL

Appellant/respondent/applicant

Cinven Capital Management (V) General Partner Ltd

Appellant/respondent/applicant

Cinven Partners LLP

Appellant/respondent/applicant

Auden McKenzie (Pharma Division) Limited

Appellant/respondent/applicant

Accord-UK Limited

Appellant/respondent/applicant

The Competition and Markets Authority

Respondent/appellant/respondent

Procedural Posture

Competition Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the Competition and Markets Authority (CMA) properly put its case to the witnesses in the context of alleged anti-competitive agreements under the Chapter I prohibition
  2. 2 Whether the Tribunal erred in requiring allegations of dishonesty to be put to witnesses
  3. 3 Whether the Tribunal's procedure in issuing provisional findings and ordering further hearings was appropriate

Ratio Decidendi

The CMA's case was properly put to the witnesses and did not require allegations of dishonesty. The Tribunal erred in its procedural approach by issuing provisional findings and requiring further hearings. The Tribunal's findings as to anti-competitive agreements and market definition were supported by the evidence. The companies' appeals from the CMA's Decision are dismissed and the CMA's Decision is reinstated, excluding findings of dishonesty.

Court Disposition

CMA's appeal allowed; companies' appeals dismissed; Tribunal's findings reinstated (excluding dishonesty findings)

Orders

  • CMA's substantive appeal against the Tribunal's decision in H3 allowed
  • CMA granted permission to appeal H2; appeal allowed