A CRA expert was retained to analyze class certification issues relating to allegations that a pharmaceutical product was marketed for off-label uses and caused direct and indirect purchasers to pay for billions of dollars unnecessarily. The expert found that differences among putative class members would necessitate individualized inquiries into whether the alleged conduct caused each any economic damages. The judge denied class certification, citing the CRA expert’s opinion in support of several key points.
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...