Antitrust and Competition Policy in the Health Care Industry
NERA's experience in health care antitrust goes beyond the realm of hospitals, health insurers, physicians, and pharmaceutical companies. NERA economists have also been retained to analyze a variety of medical products and industries, such as home health care and ambulance services. Our health care economics practice predates the recent burst of activity in the field by over a decade, and our experience in providing analysis and expert testimony on competitive effects, alleged price fixing, price discrimination, and other antitrust issues is a cornerstone of our practice.
NERA economists advise clients on issues related to market definition, entry conditions, pricing conduct, exclusionary behavior, predation, and profitability. We participate in all stages of pre-transaction counseling and analysis of antitrust risks. We advise companies and their attorneys, as well as governments and regulators, on monopoly and market dominance/abuse of market power investigations throughout the world. NERA advises on issues related to allegations of foreclosure, tying, excessive pricing, refusals to deal, essential facilities, and predatory pricing. We also work on cases involving alleged anti-competitive agreements, including issues raised by claims of vertical restraints and the economic impact of franchising and cartel activity. We consult with clients at all phases of the Hart-Scott Rodino notification process, including making presentations to lawyers and economists at the DOJ and FTC.