CRA experts assessed class issues, whether Bayer possessed monopoly power, and whether settlement agreements had an anticompetitive impact. CRA was originally retained in the MDL and state cases in the early 2000s, and was once again retained after the California Supreme Court’s decision in Cipro.
CRA’s work assessed at-risk launch, examined objective versus subjective probabilities of winning the patent litigation, and quantified procompetitive benefits. CRA’s market power analyses examined the availability of alternatives, Cipro uses by condition, the algorithms for physician prescribing for different infections, the different antibiotics used by disease state, competition for formulary placement, rebates, price elasticities of demand, and non-price competition. CRA also responded to opposing experts’ bargaining and event study models. The case ultimately settled.