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.
Data sharing in hybrid marketplaces with endogenous fee setting
The issue is especially timely given provisions in the EU’s Digital Markets Act (DMA) designed to expand access to data held by large digital platforms. The...