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September 25, 2015

Louisiana Wholesale Drug Co., Inc. v. Sanofi-Aventis

Econ One was retained by counsel for the plaintiffs in the case Louisiana Wholesale Drug Co., Inc. v. Sanofi-Aventis. The plaintiffs were a class of direct purchasers of the brand name prescription drug Arava, a treatment for rheumatoid arthritis. They alleged that the defendants violated antitrust laws by improperly delaying the market entry of cheaper generic substitutes to Arava.

Econ One expert Jeffrey Leitzinger submitted an expert report 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.  The class was certified. Dr. Leitzinger also submitted two expert reports addressing the issues of monopoly power, market definition, and aggregate overcharge damages.  Dr. Leitzinger provided testimony both at deposition and at trial.

Industries: Pharmaceutical

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