When a rival accused Church & Dwight, manufacturer of Trojan condoms, of using shelf space agreements to maintain a monopoly, CRA was retained to address the competitive effects of the agreements. CRA’s economists filed expert reports analyzing the efficiencies and lack of any significant rival foreclosure arising from the disputed practices. CRA’s expert reports also included a sophisticated economic model illustrating why condom prices could fall even in the absence of efficiencies. All antitrust claims were dismissed.
Anticompetitive conduct and patents listed in the Orange Book
Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However,...