A CRA expert was retained in an antitrust class action matter on behalf of a branded pharmaceutical manufacturer in which plaintiffs alleged inappropriate listings of patents in the FDA’s Orange Book under the Hatch-Waxman Act, sham patent litigation, and attempted monopolization. CRA’s expert economic analyses demonstrated the branded pharmaceutical competed broadly with other products and that plaintiffs’ but-for model lacked validity.
Assessing umbrella pricing incentives
When collusive agreements involve a subset of firms in an industry, they may create the incentive and ability for firms that are not participants in the cartel...