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Our Work

Average Wholesale Price (AWP) litigation

Since 2004, Bates White experts have analyzed the economic issues underlying Average Wholesale Price (AWP) claims. We have worked on behalf of numerous pharmaceutical companies in lawsuits that span a variety of jurisdictions and include allegations in class action, False Claims Act, and price reporting compliance and analysis litigation brought by classes of private payors, attorneys general in several states, and the US Department of Justice.

Bates White’s work has included testifying on and analysis of issues of predominance, common impact, feasible damage methodologies, and merits. Our experts have examined price determination, policymaking, contracting structures, and transactional data used by pharmaceutical manufacturers, private medical clinics, retail pharmacies, pharmacy benefits managers, Medicare, Medicaid, private health insurers, third-party administrators, drug wholesalers. In this work, Bates White has analyzed competitive dynamics among providers, Medicare, and third-party payors.

Court rulings validate the analyses and conclusions of our experts in a number of cases.

Representative cases from a few of the many we have worked on

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