Damages arising from alleged non-disclosure of regulatory pricing restrictions

In Meda AB v. 3M Co., et al., Brattle worked on behalf of 3M, which had allegedly failed to disclose a regulatory pricing restriction when it sold off its pharmaceutical division. Our experts prepared testimony that quantified the damages resulting from this non-disclosure. Using historical drug pricing data and publicly available policy documents, we conducted analyses on the issues that the buyer should have been knowledgeable about prior to the acquisition, such as the underlying regulatory environment and the impact of generic penetration. We also assessed the degree to which the information in the pricing contract was already included in sales forecasts and other disclosures made during the acquisition process.