The legality of reverse payment settlements remains a highly contentious area of antitrust law and involves significant economic issues. Plaintiffs have argued that the presence of reverse payments show these arrangements to be anticompetitive. However, US courts have been reluctant to accept these arguments; reverse payment settlement cases are complex, and any assessment of the consequences must consider other factors besides the mere presence of a reverse payment. In this article, CRA explores the economic issues that the US courts have been struggling with since the Tamoxifen settlement in 1993. To read the article, click here:
An economic interpretation of Rule 23(b)(3) for antitrust classes
In this article, CRA’s Sean Durkin explains the economic incentives behind class definitions in antitrust cases and why those incentives can lead to classes...