The plaintiffs were a class of direct purchasers of the brand name prescription drug Doryx, an antibiotic. They alleged that the defendants violated antitrust laws by improperly delaying the market entry of cheaper generic substitutes to Doryx.
Econ One was retained by counsel for the plaintiffs. Jeffrey Leitzinger submitted two expert reports relating to class certification issues. Those issues included the likely impact of a delay in generic competition on the class members, the availability of common, class-wide economic evidence and methodologies that would demonstrate class-wide impact in the form of overcharges, and whether those overcharges could be calculated as a whole on an aggregate basis using reliable methodologies. Dr. Leitzinger also submitted an expert report addressing the issues of monopoly power, market definition, and aggregate overcharge damages. After Dr. Leitzinger provided deposition testimony, the case was settled prior to a decision on class certification.