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.
The Role of Uncertainty in the Future European Horizontal Merger Guidelines: Lessons Learned From Illumina/GRAIL
Under these circumstances, it is however not entirely clear how the future competitive landscape will look like, merger effects cannot be modelled with a high...