EI News and Notes

Paper on Merger Efficiencies and Antitrust Analysis

Senior Economist Jéssica Dutra published her paper “Paradigm Shifts on Merger Efficiencies in Antitrust Analysis” in the Symposium Issue of the Kansas Law Review. Dr. Dutra was a featured speaker at the Antitrust Law and Policy in the 21st Century Symposium held in November 2019.

Favorable Termination in Collusion Case Involving Vermont Gasoline Station Chains

Principal Philip B. Nelson and Vice President Gale R. Mosteller successfully supported a joint defense group who represented four of the largest Vermont gasoline station chains in a “Plus Factors” collusion case. Based on Dr. Nelson’s testimony, which included the analysis of market definition, market power, firm conduct, damages estimation, and an effective cross-examination of the plaintiffs’ expert, the joint defense group was able to terminate the case on favorable terms. The settlement payment of $1.5 million is substantially less than plaintiffs’ initial damages claim of more than $100 million. The settlement also is reported to be less than the expected incremental litigation costs. The joint defense group included lawyers from Downs Rachlin Martin PLLC, Gravel & Shea PC, O’Connor & Kirby, P.C., and Sheehey Furlong & Behm P.C..

Presentation on the Economic Aspects of Price Transparency in HealthCare

Principal David A. Argue discussed price transparency at the American Health Law Association (AHLA) Annual Meeting on July 1, 2020. While some healthcare experts believe that price transparency is the key to making markets work more effectively, others are concerned that price transparency will undermine helpful competitive market forces. Dr. Argue considered empirical evidence of price transparency and noted that tools that are easy for consumers to use, as well as tools that provide accurate measures of consumers expected out-of-pocket costs, appear to be most helpful in reducing costs.