CRA is retained by a major pharmaceutical manufacturer and a generic first filer in a suit alleging a pay-for-delay settlement. Rather than alleging a cash payment or a side deal, this suit alleges a settlement structure that incentivizes the manufacturer to not launch an AG and instead collect a royalty from the first-filer.
CRA addressed class certification, market power, anticompetitive impact, and damages. Market power examined the presence of reasonable interchangeability of use, including therapeutic guidelines, formulary placement, approved indications, and actual use by physicians; and the elasticity of demand. Antitrust analyses include assessments of alternative settlements and entry dates, whether the settlement enabled a reciprocal market sharing agreement, and procompetitive benefits from earlier entry.