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.
IP Literature Watch: May 2023
In this month’s IP Literature Watch we include a paper providing an overview of the proposed alternative dispute settlement frameworks under the Data Act and...