New Article from Analysis Group Examines the Process of Negotiating Health Care Investigation Settlements

April 20, 2017

Although each settlement agreement reached between the government and pharmaceutical manufacturers during investigations under the False Claims Act and federal Anti-Kickback Statute is unique, certain patterns emerge. In economics, negotiations are often analyzed in terms of game theory, where one party focuses on making the best possible move while anticipating that the opposing party will respond with its best possible move. In a new Law360 article, “Tracing The Path To Health Care Investigation Settlements,” Analysis Group Vice Presidents Kenneth A. Weinstein and Crystal T. Pike, along with Managing Principal Paul E. Greenberg, illustrate the five general stages of the “game” that the authors have observed taking place between the government and pharmaceutical manufacturers when negotiating such settlements. An increased awareness of what quantitative patterns to expect in such negotiations can help to better forecast potential outcomes, and more efficiently reach mutually beneficial agreements.

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