A manufacturer of a Schedule II product entered into sequential patent settlement agreements that included product supply obligations. Following allegations from its partners that the manufacturer was using the patent settlements to adversely affect competition, CRA’s analysis demonstrated that there was no anticompetitive effect and that the supply agreements enhanced efficiency and competition, particularly when considering the Drug Enforcement Agency’s quota system for active ingredient supply for Schedule II products.
Broadcom/VMware: Navigating foreclosure theories across different jurisdictions
This case presented numerous conceptual challenges, notably the differing outcomes of the competitive assessments across 12 jurisdictions. While Broadcom was...