Investor Presentaiton
Representative Antitrust Litigation Client Engagements
CRA expert key to defense against abuse of dominance claim
A CRA Vice President's testimony contributed to the UK Competition Appeal Tribunal's (CAT) decision to
set aside the UK Competition and Markets Authority's (CMA) finding that Flynn and Pfizer had committed
an abuse of dominant position by charging excessive prices for an anti-epileptic drug. Importantly, the CAT
decided that the CMA erred in its reliance on the "Cost Plus" approach to determine whether prices were
excessive and misapplied the United Brands test. In particular, the CAT found that the CMA "did not
appropriately consider what was the right economic value of the Pfizer-Flynn Capsules" and "did not take
sufficient account of the situation of other, comparable products."
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Memory Module ITC investigation
A CRA-affiliated academic expert testified on behalf of SK Hynix in an International Trade
Commission investigation into whether SK Hynix was importing memory modules that violated
patents owned by Netlist, Inc. His testimony addressed the role Netlist's RAND commitment played
in determining the calculation of a reasonable royalty and in assessing the public interest
implications of granting Netlist an exclusion order.
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Expert testimony in US antitrust litigation
CRA consultants provided assistance and expert testimony to the University of Pittsburgh Medical
Center in defending against allegations that its WorkPartners subsidiary had tried to monopolize the
markets for worker's compensation insurance and third-party administration, which would have been
a violation of the Sherman Act. In March 2019, the US District Court for the Western District of
Pennsylvania granted a summary judgment motion dismissing the claims against UPMC.
Charles River
Associates
CRASView entire presentation