A manufacturer of a Schedule II product entered into sequential patent settlement agreements that included product supply obligations. Following allegations from its partners that the manufacturer was using the patent settlements to adversely affect competition, CRA’s analysis demonstrated that there was no anticompetitive effect and that the supply agreements enhanced efficiency and competition, particularly when considering the Drug Enforcement Agency’s quota system for active ingredient supply for Schedule II products.
New research on the use of conjoint surveys with market simulation analysis for damages estimation in consumer protection class action litigation
Market simulations that we have seen used in consumer protection class action litigation apply what is known as the static Nash Bertrand model of competition...