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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

 

Engagements

  • 01
    Putative class action litigation regarding allegedly misleading product demonstrations
    CRA Vice President Dr. Debra Aron advised counsel to a consumer-products company and testified at deposition on economic issues related to class certification...
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  • 02
    CRA assists FTC in upholding of merger complaint
    On April 29, Chief Administrative Law Judge D. Michael Chappell upheld a US Federal Trade Commission complaint challenging the consummated merger of Otto Bock...
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  • 03
    Testimony in health care breach of contract and damages matter
    CRA experts provided testimony in support of Steward Health Care Network’s effort to refute breach of contract, tortious interference, unfair and deceptive...
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