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.
How capacity constraints shape unilateral price effects in horizontal mergers
Examples include hospitals with a fixed number of beds, and hotels with a fixed number of rooms. In the article “Unilateral Price Effects in Horizontal...