Pharmaceutical, biotechnology, and medical device manufacturers, as well as payers and providers, compete in a unique public policy setting. Challenging antitrust issues can often result in allegations of:
- Price discrimination
- Exclusive dealing
- Other restraints of trade
Market definition is a central issue in many antitrust inquiries, requiring an economic assessment of the competitive forces constraining decision makers. This assessment in turn requires reliable evidence on economic substitutability and profitability.
In a recent dispute over product bundling, an Analysis Group team provided expert testimony and consulting to assess the relative merits of drugs as well as the costs experienced by payers.
Our analyses of liability and damages are distinguished by our knowledge of public policy rules and industry institutions, practices, data sources, and analytical approaches.