Prominent Market Definition Issues in Pharmaceutical Antitrust Cases
September 22, 2015
"In the last two decades, many leading antitrust cases have challenged alleged efforts by brand-name drug manufacturers to raise or maintain supracompetitive prices for prescription drugs, largely through one method or another of delaying entry of generic competition into the marketplace. In such cases, one of the primary issues that has been consistently and contentiously litigated is what plaintiffs must show to establish market power or monopoly power. This is not a mere theoretical issue. Streamlining proof of market or monopoly power would simplify pleadings, obviate the need for expert testimony regarding market definition, and prevent dismissal of viable claims."