On 27 January 2021, the Supreme Court announced that, on 17 December 2020, it granted Flynn Pharma and Pfizer permission to appeal against a May 2020 judgment of the Court of Appeal. The Court of Appeal had allowed an appeal by the CMA against a costs ruling made by the CAT. After successfully appealing to the CAT against a CMA decision, which found that Pfizer and Flynn Pharma had abused their dominant positions by imposing unfair prices for phenytoin sodium capsules in the UK, the CAT subsequently handed down a ruling on costs, finding that the CMA was liable to Flynn Pharma and Pfizer for a proportion of their costs to reflect their overall level of success. In May 2020, the Court of Appeal allowed the CMA’s appeal against this costs ruling, finding that the CAT had erred in its approach and was wrong not to have given any weight at all to the position of the CMA as a public authority carrying out its functions in the public interest. The Court of Appeal therefore made no order as to costs of the CAT proceedings, effectively removing the CMA’s liability to pay costs even though the parties had successfully appealed the CMA’s infringement decision.