NVS/MNTA has a tacit agreement with SNY to split the US Lovenox market 50/50. Thus, NVS/MNTA will not attempt to raise their market share significantly higher than 50% even though they could easily do so if they wanted to.
A prosecuting litigator would love those admissions from a party in the anti-trust case.
What is REALLY happening is that:
"Well-understood duopoly competition characteristics are resulting in a predictable market shares to the competitors."
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There are times when rules and precedents cannot be broken; others when they cannot be adhered to with safety. (Thomas Joplin)