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September 25, 2015
Rochester Drug Co-Operative, Inc. v. Braintree Laboratories, Inc.
Econ One was retained by counsel for the plaintiffs in Rochester Drug Co-Operative, Inc. v. Braintree Laboratories, Inc. The plaintiffs were a class of direct purchasers of the brand name prescription drug Miralax, a laxative. They alleged that the defendant violated antitrust laws by improperly delaying the market entry of cheaper generic substitutes to Miralax.
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. Dr. Leitzinger also provided deposition testimony. The case was settled prior to trial.