On 4 October 2019, the Court of Appeal granted the CMA permission to amend its grounds of appeal in a landmark case concerning excessive pricing in the supply of phenytoin sodium capsules, a medicine used to control epileptic seizures. The CMA imposed fines of £84.2 million and £5.2 million on Pfizer and Flynn, respectively, which were overturned by the CAT in June 2018. The CAT ruled that the CMA ought to have taken account of the prices charged for ‘comparator’ products, but had failed to do so. In its Application appealing the CAT’s ruling, the CMA argued that it had taken comparator prices into account. But in its skeleton argument, the CMA claimed that it was not required to carry out this comparison, since the prices charged by Pfizer and Flynn were unfair ‘in and of themselves’. Pfizer argued that the CMA’s positions in its Application and skeleton argument were inconsistent. Accordingly, the CMA sought permission to amend its grounds of appeal, arguing that the position in its skeleton argument was a ‘clarification’ of the grounds set out in its Application. The Court of Appeal granted the CMA permission on the basis that the issues arising were of substantial economic and societal importance with implications for health policy and financing, even though the position in the CMA’s skeleton argument was “discreet and qualitatively different” from the CMA’s original grounds of appeal.