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.
New research on the use of conjoint surveys with market simulation analysis for damages estimation in consumer protection class action litigation
Market simulations that we have seen used in consumer protection class action litigation apply what is known as the static Nash Bertrand model of competition...