Well, tonight the able USDC Chief Judge Cote, sitting in Manhattan, has published her memorandum opinion, and ruling, as to the things the dueling economist-experts may -- and may not -- offer opinions about, at trial -- in a few weeks.
It is fair to say that Martin has here suffered a resounding loss, and the FTC (along with state AGs). . . won a correlative booming victory. [The core of Martin's expert testimony has been disallowed, to boot.] So -- it comes out to around $64 million worth (give or take), thus:
. . .[Dr.] Hemphill [the FTC's economics expert, on US generic drug monopoly damages] calculates the excess profits associated with Vyera’s exclusionary contracts with suppliers and distributors as ranging between $52.1 and $64.6 million. . . .
Of course, if the complained of conduct is found to have been willful, those damages may be. . . tripled, under Section 2 of the Clayton Act.
Do go read all 21 pages of the very well reasoned court opinion (as this will now be the law of the case), but this is more evidence that Judge Cote is clearly hinting Martin and Vyera have essentially. . . no chance.
It will be a "bang-bang, dump the bodies in the Hudson. . ." kind of loss, here for them.
Condor is now all but certain of it. Onward -- grinning ear to ear, after a quiet dinner hour -- in the snows, here. . . .
नमस्ते
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