March 28, 2015
In Re: K-Dur Antitrust Litigation
The plaintiffs are a class of direct purchasers of the brand name prescription drug K-Dur 20, prescribed for patients with low potassium levels. They allege that the defendants violated antitrust laws by improperly delaying the market entry of cheaper generic substitutes to K-Dur 20.
Econ One has been retained by counsel for the plaintiffs. Jeffrey Leitzinger submitted three expert reports relating to class certification issues. Those issues included the likely impact of a delay in generic competition on the class members, the availability of common, class-wide economic evidence and methodologies that would demonstrate class-wide impact in the form of overcharges, and whether those overcharges could be calculated as a whole on an aggregate basis using reliable methodologies. After the class was certified, Dr. Leitzinger submitted four expert reports addressing the issues of monopoly power, market definition, and aggregate overcharge damages. He also addressed the anticompetitive effects associated with the reverse payment agreement between the brand and generic manufacturers. Dr. Leitzinger has provided deposition testimony on two separate occasions in this matter.