Healthcare Antitrust Litigation

CRA experts provide consultation and expert testimony in matters related to attempted monopolization or collusion and price fixing. Our experts use cutting-edge theory and empirical analyses to distinguish aggressive competition that is procompetitive from business practices that hinder competition or to assess the plausibility of collusion claims and to perform statistical analyses to distinguish between competitive and anti-competitive pricing and payment.

Attempted monopolization allegations include:

• Exclusive dealing
• Raising rivals’ costs
• Tying and bundling
• Most favored nations provisions (and other contracts that reference rivals)
• Monopsonistic reimbursement
• Entry exclusions through the Certificate of Need process
• Pay-for-delay
• Price discrimination

Collusion and price fixing allegations include:

• Common MCO reimbursement practices
• Joint provider negotiations
• Group boycotts
• Reverse payments/pay-for-delay
• Agreements to allocate customers