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.
An economic interpretation of Rule 23(b)(3) for antitrust classes
In this article, CRA’s Sean Durkin explains the economic incentives behind class definitions in antitrust cases and why those incentives can lead to classes...