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Brattle has a long history of evaluating the antitrust liability and damages issues in the healthcare and life sciences industries. We have provided expert reports and testimony on a wide range of topics, including price-fixing, non-competes, monopolization, and tying; as well as reviews of actual and potential mergers, acquisitions, and joint ventures. Many of our experts gained hands-on regulatory expertise at the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) before joining Brattle.

Our clients have included pharmaceutical and biologic drug manufacturers, medical device manufacturers, health insurers, hospitals, nursing homes, regulators, and an array of government entities. In support of these clients, we conduct rigorous empirical analyses relying on our expertise with health economics, industry data, regulation, and industry practices.

Engagements
REPRESENTATIVE ENGAGEMENTS

Below is a list of representative engagements for our Antitrust Conduct & Mergers practice.

Competitive impact of alleged sham patent litigation

A class of direct purchasers and a class of indirect purchasers brought suit against the manufacturer and the marketer of a well-known, branded antidepressant. The plaintiffs alleged that the defendants brought sham patent infringement cases against generic manufacturers seeking to launch generic equivalents in an effort to protect their monopoly on the drug. Brattle consultants analyzed the relevant product market for the drug in question, calculated market shares, and evaluated rivals’ ability to expand output along with barriers to new entry.

Pharmaceutical transaction analysis

For a potential multi-billion dollar joint venture between two pharmaceutical manufacturers, a Brattle expert led a global team conducting economic and econometric analyses regarding the possible venture. The analysis supported the proposed transaction, finding relatively little competition between the merging parties’ products. The deal received clearance in multiple jurisdictions, including without second requests in the US.

Successful defense of a monopolization summary judgment on behalf of a major healthcare system

A Brattle expert led a team of economists to support the lead economic expert in a healthcare company’s appeal of monopolization claims leveled against it by a competitor. The lead expert used the results of a series of analyses to demonstrate that the healthcare company’s negotiations with commercial insurers over prices and provider network designs were competitive, and that the complaining competitor had not been hampered in its ability to compete. The appeals court agreed, and affirmed a prior judgement in the client’s favor. 

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