Reverse Payment Settlements: Economic Issues Arising in Antitrust Litigation
The pharmaceutical industry has reportedly reduced its use of anti-competitive agreements after challenges to reverse payment settlement have been renewed since Actavis. Although this trend will push forward as parties involved in reverse payment settlements face litigation threats, new and ongoing litigation is expected to continue in relation to pre-Actavis settlement agreements.
In this LIVE Webcast, a panel of economists who are thought leaders assembled by The Knowledge Group will discuss current trends in reverse payment settlement litigation. They will share their insights on the implications of recent cases and discuss key economic issues upon which the outcome(s) of antitrust litigation can turn.
Key topics include:
- Reverse Payment Settlement Litigation: Recent Trends and Updates
- Role of Market Power
- Assessing Market Power Using “Direct Evidence”
- Valuing Ancillary Agreements including “no-AG” Clauses
- Role of Causation
- Establishing Common Antitrust Injury with Common Proof in Class Actions
- Damages Calculations in Class Actions
Claire Xie, Senior Consultant
NERA Economic Consulting
- Recent decision regarding the use of direct evidence for demonstrating market power—e.g., summary judgement in In re Solodyn (Minocycline Hydrochloride) Antitrust Litigation
- Issues related to showing price above marginal cost as direct evidence for market power
- Issues related to output restriction—e.g., do changes in output after generic entry shed light on the existence of market power?
Cleve B. Tyler, Managing Director
Berkeley Research Group, LLC
- *Valuing No-AG clauses in reverse payment settlements
- Issues related to establishing causality for damages – e.g., can a but-for date of entry be estimated
- How to evaluate certain types of evidence – e.g. ex ante versus ex post evidence, how to evaluate contemporaneous materials, etc.
David Colino, Principal Consultant
Edgeworth Economics, L.L.C.
- Establishing Common Antitrust Injury with Common Proof in Class Actions – e.g., how to compare but-for and actual prices.
- Damages Calculation in Class Actions – e.g., estimating brand-generic substitution patterns and overcharges.
Who Should Attend:
- Antitrust Lawyers
- Patent Attorneys
- Patent Licensing Attorneys
- Patent Litigators
- IP Attorneys & Related Consultants
- Pharmaceutical Industry Lawyers
- Biotech/Pharma/Healthcare Attorneys & Advisors
- Drug Manufacturing Company Executives
Dr. Claire Chunying Xie is a Senior Consultant in NERA’s Antitrust, Intellectual Property, and Life Science Practices, where she conducts economic analysis in the areas of antitrust, intellectual property, and commercial damages. In antitrust matters, Dr. Xie has evaluated the competitive effects of mergers and acquisitions, and has analyzed antitrust claims and damages in cases involving alleged monopolization and price fixing behavior in industries such as agriculture, data management, finance, fuel retailing, pharmaceuticals, and telecommunications. In the area of intellectual property, Dr. Xie has evaluated damages resulting from patent infringement and breaches of contract in the apparel, credit card, and pharmaceuticals industries. Dr. Xie received her PhD and MA in economics from the University of Minnesota, Twin Cities, where she also taught microeconomics, macroeconomics, money and banking, and Chinese economy. She received her BA in economics and mathematics, summa cum laude, from Agnes Scott College.
Dr. Claire Chunying Xie is a Senior Consultant in NERA’s Antitrust, Intellectual Property, and Life Science Practices, where she conducts …
Cleve B. Tyler, Ph.D. is a managing director at Berkeley Research Group (BRG) in the firm’s Washington, DC, office. Dr. Tyler is an adjunct professor of economics in Johns Hopkins University’s applied economics program, teaching graduate-level courses in both industrial organization and microeconomics. For 20 years, he has applied economic analyses to competition, intellectual property, and damages issues. Dr. Tyler’s antitrust work includes evaluation of market definition and competitive effects. He has developed or analyzed damages models in a range of industries and has testified at deposition and trial. Dr. Tyler has evaluated the antitrust implications of settlements between branded and generic pharmaceutical companies both prior to settlement and in litigation matters. He has made presentations on competition issues and written articles appearing in Antitrust, The Antitrust Bulletin, and The Handbook of Competition Economics, including addressing reverse payment settlements.
Cleve B. Tyler, Ph.D. is a managing director at Berkeley Research Group (BRG) in the firm’s Washington, DC, office. Dr. …
Dr. David Colino is an expert in applied microeconomics and finance who specializes in the application of statistical and econometric tools to litigation and business consulting matters. Dr. Colino’s work focuses on the economics of antitrust and intellectual property, for which he provides rigorous economic and quantitative analysis to address issues of class certification, liability, and damages. He has worked on cases in industries such as electronic components and financial derivatives, and has analyzed economic issues related to antitrust class certification in monopolization and price fixing claims.
Dr. Colino’s academic research has focused on the economics of innovation and intellectual property and he has instructed courses in statistics, microeconomics, and industrial organization, as well as advanced graduate classes focusing on core issues in antitrust and regulation. Dr. Colino is an articulate and effective communicator who is fluent in three languages.
Dr. David Colino is an expert in applied microeconomics and finance who specializes in the application of statistical and econometric …
Print and review course materials
Method of Presentation:
NY Category of CLE Credit:
Areas of Professional Practice
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
About NERA Economic Consulting
NERA Economic Consulting (www.nera.com) is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. For over half a century, NERA's economists have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world’s leading law firms and corporations. We bring academic rigor, objectivity, and real world industry experience to bear on issues arising from competition, regulation, public policy, strategy, finance, and litigation.
About Berkeley Research Group, LLC
Berkeley Research Group is a leading global strategic advisory and expert consulting firm that provides independent advice, data analytics, valuation, authoritative studies, expert testimony, investigations, transaction advisory, restructuring services, and regulatory and dispute consulting to Fortune 500 corporations, financial institutions, government agencies, major law firms, and regulatory bodies around the world. BRG experts and consultants combine intellectual rigor with practical, real-world experience and an in-depth understanding of industries and markets. Their expertise spans economics and finance, data analytics and statistics, and public policy in many of the major sectors of our economy, including healthcare, banking, information technology, energy, construction, and real estate. Named by Forbes as one of America’s Best Management Consulting Firms in 2017, BRG is headquartered in Emeryville, California, with offices across the United States and in Asia, Australia, Canada, Latin America, the Middle East, and the United Kingdom.
About Edgeworth Economics, L.L.C.
Edgeworth Economics provides quantitative and economic consulting in the course of litigation and business to its clients, which include world-class law firms, Fortune 500 companies, and government agencies. Edgeworth experts apply their knowledge and experience, along with state-of-the-art computing infrastructure, to help clients efficiently manage complex issues including antitrust litigation, class actions, consumer financial services, data and HR analytics, employment and labor, intellectual property, mergers and acquisitions, privacy and data security, and transfer pricing. As a growing firm with a fresh approach, Edgeworth attracts leaders and teachers from across the industry including PhD economists, MBAs, statisticians, and programmers. Edgeworth has offices in Pasadena, San Francisco, Toronto, and Washington, DC.