In a matter involving alleged abuse of the U.S. Pharmacopeia standard setting process, CRA examined market power for product dispensed through hospital and non-hospital sites of care. CRA’s expert found that in most uses, during the relevant time period there was ample evidence of competition, finding that the manufacturer at issue was effectively price constrained by existing competition.
How capacity constraints shape unilateral price effects in horizontal mergers
Examples include hospitals with a fixed number of beds, and hotels with a fixed number of rooms. In the article “Unilateral Price Effects in Horizontal...