CRA assesses alleged state-level pay-for-delay allegations

Various alphabetized medical records

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.

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