Analysis of Pricing Pressure and Price Fixing in Generic Drug Market

Retained by Kessler Topaz, King & Spalding, Labaton Sucharow, Lieff Cabraser, and Robbins Geller

Vega supported Dr. Louis F. Rossiter in a series of case brought by various institutional investors against a generic drug company for alleged securities law violations. Specifically, the plaintiffs claimed that the company made a series of material misrepresentations and omissions regarding its growth, the overvaluation and integration of one of its acquisitions, the impact of collusive pricing and pricing pressure on its generic drug division, and other aspects of its financial wellbeing. 

Vega Economics supported Dr. Rossiter in analyzing data and documents relating to pricing patterns in the markets for eight at-issue drugs. Dr. Rossiter also provided a broader economic analysis of structural features in the markets for topical generic pharmaceuticals, including the at-issue drugs. Based on his quantitative analysis, Dr. Rossiter confirmed that the pricing of these drugs was inconsistent with a competitive market and observed price increases could not be attributed to non-collusive factors.

After a review of the company's internal documents, Dr. Rossiter determined that the collusive price increases at issue were part of the company’s business strategy. He calculated estimates of the "collusive revenue" with respect to several of the at-issue drugs and found that the company had gained millions in revenue as a result of its anticompetitive pricing behavior. 

Dr. Rossiter also analyzed the generic drug company's expert's report and submitted a rebuttal analysis illustrating the flaws in that expert's analysis. He further provided deposition testimony in this ongoing litigation.