In the context of a Lanham Act case, CRA assessed whether market performance for a hospital-based pharmaceutical product was affected by alleged improper statements by a competitor. CRA’s causality analysis included consideration of other economic factors that affected product sales, including assessment of market preparation, launch, commercialization, and promotional efforts used to support the product that was allegedly affected by improper marketing support.
The data-sharing paradox: Unintended consequences of mandated data-sharing policies
In response, recent EU measures such as the Digital Markets Act (DMA) and the Data Act aim to level the playing field between platforms and their users by...