CRA provided testimony on behalf of plaintiff in litigation regarding a health plan’s use of MFN clauses with hospitals. CRA identified several mechanisms by which the MFN clauses were likely to reduce competition in this matter and demonstrated that they had historically harmed competitors. CRA also analyzed whether this harm to competition was offset by the procompetitive effects of MFN clauses.
Platform-wide agreements and competition for new users
Many companies rely on a supplier to serve their existing and future customers, employees, or users. For example, an employer may contract with a health...