Dr McCarthy directs NERA's health care practice, which specialises in the economic analysis of regulatory, public policy, and litigation matters in health care markets. Dr McCarthy has analysed the competitive effects of hundreds of health care industry mergers, including evaluating the horizontal and vertical issues created by mergers of hospitals, hospital systems, health insurers, physician groups, physician practice management companies, medical device companies, pharmaceutical companies, and home healthcare companies.
In numerous health care antitrust liability and damages cases, Dr McCarthy has analysed class action issues for health insurers, joint ventures, tying and bundling, exclusive contracts, staff privilege issues, exclusions from managed care panels, hospital monopolisation cases, and state action immunity issues, as well as regulatory design issues involving certificates of public advantage for state oversight of hospital mergers in Montana and South Carolina. Dr McCarthy also specialises in the economics of intellectual property protection, including the estimation of contract, trade dress, trade secret, and patent damages, often for medical equipment and devices. His damage analysis work covers many other industries as well, including computers, distribution of consumer products, auto parts, video distribution, petroleum, oil spill damages, soft drinks, retailing, and agricultural products. Dr McCarthy has also testified in federal and state courts, before state insurance commissions, and has made presentations on proposed mergers and other issues to antitrust agencies at both the state and federal levels.
Before joining NERA, Dr McCarthy was a staff economist with the Federal Trade Commission.
WWL says: Thomas McCarthy chairs the firm’s healthcare practice and is “a proficient expert” specialising in competitive issues in the healthcare sector
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