Every year, Global Competition Review publishes a series of reports intended to offer detailed information to agencies and practitioners engaged in antitrust and competition work throughout the world. The 2019 edition of the review focused on Europe, the Middle East, and Africa (EMEA) includes an economics overview written by Analysis Group Managing Principal Joshua White, who is based in the firm's London office.
In their overview, Dr. Mishol and Mr. White focus on competition authorities' increasing scrutiny of the pharmaceutical industry over the past several years, which has resulted in several cases involving excessive pricing and “pay-for-delay” accusations. A key aspect of such cases is whether the drugs in question face competition from other products already on the market; this, in turn, requires an examination of market definition. Because the pharmaceutical market has several unique features that can complicate attempts to use existing market definition tools, Dr. Mishol and Mr. White describe a number of approaches that have been used in selected recent cases. They then outline some economic analyses that can be used to assess the relevant pharmaceutical markets in these cases, and lay out implications for future analyses.
Associated People
Joshua White
Mr White is a consulting and testifying economist who specialises in applying microeconomics and sophisticated econometric modelling to complex litigation and merger-related questions, primarily in matters involving the health care, financial services and technology industries. He has supported clients in various jurisdictions and industries in follow-on competition damages litigation, assessing overcharge, upstream and downstream pass-on and volume effects. He has served as a testifying expert in the UK Upper Tribunal (Lands Chamber), the UK Competition Appeal Tribunal and the Amsterdam District Court on competition cases.
Mr White has supported high-profile companies with complex merger reviews across multiple jurisdictions, including in the Veolia/Suez, LVMH/Tiffany, Sika/MBCC and Eutelsat/OneWeb mergers. He has also provided evidence to the UK’s Competition and Markets Authority (CMA) and the European Commission (EC), including on behalf of clients involved in cartel investigations, abuse of dominance investigations and mergers. Mr White has also provided support to European financial and competition regulators in coordinated conduct investigations.
Mr White has extensive experience addressing competition and intellectual property (IP) issues in matters related to cutting-edge pharmaceutical products and FRAND licensing questions. As part of this work, he has supported a number of scientific and technical experts in front of courts and regulatory bodies. He also regularly supports pharmaceutical clients on competition issues around market access, pricing, denigration and competition from generic manufacturers.
Mr White has worked in a number of jurisdictions, including the UK, the European Union, Switzerland, Australia, New Zealand, South Africa, Canada, Japan, Korea, the Netherlands, Belgium and the US. His writing has been published in an array of journals, including the Journal of European Competition Law & Practice, the Competition Law Journal and the Journal of Antitrust Enforcement, and he regularly speaks at international competition law and policy conferences.