Selected Matters by Case Name  1  |  2  | 3  
  Hewlett-Packard merger with COMPAQ, Inc.  
  Steve Silberman and Rick Warren-Boulton were retained by Hewlett-Packard to evaluate the competitive impact of the proposed merger and present a White Paper detailing their findings to the DOJ.  
  Highmark et al. v. UPMC Health System  
  David Eisenstadt testified that UPMC's proposed acquisition of Children's Hospital would be anticompetitive. UPMC entered into a consent decree with the State of Pennsylvania as a pre-condition for the acquisition.  
  Holmes Regional Medical Center v. Agency for Health Care Administration and Wuesthoff Memorial Hospital  
  David Eisenstadt testified that Wuesthoff's proposed new hospital was procompetitive. The Agency for Health Care Administration approved Wuesthoff's Certificate of Need Application.  
  Holmes Regional Medical Center v. State of Florida and Wuesthoff Memorial Hospital  
  David Eisenstadt successfully testified that the applicant’s CON, if approved, would reduce competition by impeding Wuesthoff’s ability to expand its satellite hospital in Melbourne, Florida.  
  Honda Motors, Inc. v. Internal Revenue Service  
  Steve Silberman co-authored a report demonstrating that Honda Motors’ charged its U.S. subsidiary arms’-length transfer prices for motorcycles.  
  Howerton v. Grace Hospital  
  David Eisenstadt testified that Grace's alleged exclusion of Howerton through denial of staff privileges would not harm competition. The Court found for Grace Hospital.  
  Iams v. Kal Kan Foods, Inc.  
  Steve Silberman prepared an expert report and testified at deposition that Iams’ economic expert had provided no credible evidence that Kal Kan’s magazine ads had affected Iams’ sales. Kal Kan reached a favorable settlement.  
  In Re: Vitamins Antitrust Litigation  
  Bruce Snapp provided economic analysis and litigation support for the four niacin defendants and assisted the testifying economist in the preparation of his expert report and testimony.
Rick Warren-Boulton submitted a report supporting defendants' motions to strike the report of an economics expert hired by the plaintiffs because it did not meet the standards required under Daubert.
  International Telecharge, Inc., et al. v. AT&T  
  Bruce Snapp testified on damages incurred by the plaintiff operator service providers as a result of allegedly false and misleading statements by AT&T.  
  Investigation into the Obligations of Incumbent Local Exchange Carriers to Unbundle Network Elements  
  Michael Pelcovits testified before the Pennsylvania Public Service Commission concerning implementation of the rules on access to unbundled network elements.  
  Jerry Enterprises et al. v. F&A Distributing Company, Inc., et al.  
  Steve Silberman prepared an expert report and provided deposition testimony on behalf of defendants explaining why the fact that several liquor distributors frequently filed identical prices with the NJ liquor authority did not provide evidence of price fixing. The defendants reached a favorable settlement.  
  Jose Maiz, et al. v. Amir Virani, et al.  
  Steve Silberman provided trial testimony concerning the damages plaintiffs suffered as a result of defendants’ fraudulent behavior. The jury gave plaintiffs a multi-million dollar award.  
  Kochert v. Greater Lafayette Health Services  
  A case recently dismissed on summary judgment, David Eisenstadt testified that competition was not adversely affected by the defendant’s decision to not renew plaintiff’s anesthesiology contract.  
  LaFarge Acquisition of Blue Circle  
  Ken Baseman's analysis of geographic and product markets was influential in persuading the FTC to allow LaFarge to acquire Blue Circle's U.S. cement operations with only minor divestitures (a rail terminal was divested, but LaFarge was allowed to acquire all of Blue Circle's U.S. cement plants).  
  LePage's v. Minnesota Mining & Manufacturing  
  Ken Baseman testified on behalf of plaintiff LePage's that 3M's various discount and rebate programs covering the transparent tape business were anticompetitive because they were exclusionary. LePages' prevailed at trial, and the Supreme Court declined to review the 3rd Circuit's decision affirming the verdict.  
  M&M Medical Supplies & Services v. Pleasant Valley Hospital  
  Steve Silberman testified at trial that there was no economic evidence that Pleasant Valley Hospital had steered patients to a related medical supplies company. The jury found the hospital innocent of any wrong doing.  
  Michelin Merger with Uniroyal-Goodrich  
  Ken Baseman's analysis of market definition, bidding markets for OEM sales, and efficiencies were critical in persuading the Department of Justice to approve Michelin's acquisition of Uniroyal Goodrich.  
  Oldcastle Materials Group, various acquisitions  
  In a number of reports, Rick Warren-Boulton and Alan Rockwood analyses of product and geographic market definitions and competitive effects that were influential in obtaining regulatory approval by either the FTC, DOJ or state authority to acquire firms with overlapping operations involving construction aggregates, asphalt production and paving, ready-mix concrete and highway construction. These acquisitions were made by subsidiary firms in Connecticut (2), New York, New Jersey (4), Ohio (2) and Utah (2) without significant divestitures.  
  Orlando Regional Healthcare System, Inc. and Orlando Regional South Seminole, Inc. v. Columbia/HCA Healthcare Corporation  
  Jon Joyce provided an expert witness affidavit and expert testimony at a preliminary injunction hearing and at trial on market definition and competitive effects from a proposed acquisition.  
  P.O.M. Incorporated v. Duncan Industries  
  Bruce Snapp testified in deposition and at trial on behalf of the defendant, Duncan Industries, in this case involving the only two suppliers of parking meters in the U.S. Snapp's testimony was instrumental in convincing the jury and court that the plaintiff's allegations -- that Duncan possessed monopoly power and had engaged in predatory behavior designed to drive P.O.M. from the market -- had no merit.  
  PMBR v. Harcourt Brace Jovanovich, et al.  
  PMBR sued Bar-Bri for monopolization in the bar review preparation industry, primarily via exclusionary bundled pricing. Ken Baseman provided written and deposition testimony for plaintiff on market definition, monopoly power, liability and damages. The case was settled on terms favorable to plaintiff before trial.  
  Pool Water Products, et al. v. Olin Corporation, et al.  
  Bruce Snapp submitted an expert report and declarations and testified at deposition on behalf of defendants concerning Plaintiffs' allegation that Olin had attempted monopolize the West Coast swimming pool chemicals distribution market. The case was eventually dismissed by the judge, whose decision was upheld by the 9th Circuit.  
  Power MOSFET Technologies, LLC v. Siemens, AG, et al.  
  Rick Warren-Boulton and Alan Rockwood analyzed patent infringement damage claims for a plaintiff holding patents on the design of a new generation of metal oxide semiconductor field effect transistors used in power control applications, and Rick Warren-Boulton testified at trial.  
  Reed Elsevier's acquisition of Harcourt  
  Rick Warren-Boulton presented an analysis to DOJ in defense of Reed Elsevier's acquisition of Harcourt.  
  RJR acquisition of Brown & Williamson  
  Rick Warren-Boulton presented an analysis of efficiencies to the FTC in defense of RJR acquisition of Brown & Williamson.  
  Cases by Name  1  |  2  | 3  
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