CRA was retained by a plaintiff generic manufacturer in antitrust litigation involving an infused hospital pharmaceutical product. At issue were claims involving the alleged foreclosure of active pharmaceutical ingredient via exclusive contracts between the incumbent brand manufacturer and approved suppliers, resulting in a delay in filing for regulatory approval and launch of the generic. CRA addressed market power, competitive effects of the conduct, taking into account the feasibility of entry at risk, and antitrust damages. The approach to damages entailed developing a discounted cash flow model according to which lost profits could be determined under different assumptions about market entry circumstances.
Insights from the final panel at the CRA Brussels Conference 2025: Shaping the future of digital regulation and competition
The closing panel from 2025 CRA Brussels Conference, “Digital Regulation in Action: The DMA, AI, and the Future of Competition” moderated by Dr Matteo Foschi