ConMed Corporation vs. Johnson & Johnson, Inc., Ethicon Inc., Ethicon Endo-Surgery Inc., and Johnson & Johnson Health Care Systems, Inc.

The Situation

A medical device manufacturer believed that a price bundle offered by a competitor was exclusionary and had prevented hospitals and other buying groups from purchasing its products.

NERA's Role

NERA was retained to design and conduct a survey to measure the extent to which the price bundling of medical products had an effect on the sales volume of the non-bundled manufacturer. NERA experts conducted a survey of 300 hospitals, and concluded that the manufacturer's sales would have been appreciably higher were it not for the competitor's bundle.

The Result

Our client used the results of the survey to negotiate a settlement with its competitor.