CRA provided testimony on behalf of plaintiff in litigation regarding a health plan’s use of MFN clauses with hospitals. CRA identified several mechanisms by which the MFN clauses were likely to reduce competition in this matter and demonstrated that they had historically harmed competitors. CRA also analyzed whether this harm to competition was offset by the procompetitive effects of MFN clauses.
Assessing umbrella pricing incentives
When collusive agreements involve a subset of firms in an industry, they may create the incentive and ability for firms that are not participants in the cartel...