CRA was retained by Defendant in a litigation alleging pay-for-delay agreements with two original generic manufacturers.
CRA addressed class certification, valuation, anticompetitive impact, and damages. Antitrust analyses included assessments of procompetitive benefits, whether there was a “large, unexplained” payment, and alternative settlements. Written and oral testimony demonstrated the significant ex-post benefits to consumers from the provision of supply to generic competitors as part of the agreements.
The case ultimately resulted in a settlement.