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.
How capacity constraints shape unilateral price effects in horizontal mergers
Examples include hospitals with a fixed number of beds, and hotels with a fixed number of rooms. In the article “Unilateral Price Effects in Horizontal...