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.
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...