Selected Matters by Practice Area  1  |  2  | 3  
  Abraham v. Intermountain Health Care et al.  
  David Eisenstadt presented testimony using game theory to show that Intermountain had unilateral incentives not to enter into a contract with the plaintiff class of optometrists. Dr. Eisenstadt also presented statistical evidence that was inconsistent with plaintiffs’ attempted monopolization claim and their contention that fees paid to the defendant ophthalmologists had increased. The case was recently dismissed on summary judgment.  
  Aurora Foods (Van de Kamp) acquisition of Mrs. Paul's from Campbell Soup Company  
  Lloyd Oliver worked for both Aurora Foods and Campbell to gain DOJ approval of this combination of two of the three producers of breaded fish sticks in the U.S.  
  Bellavia v. Hackensack, et al.  
  David Eisenstadt testified that plaintiff's alleged exclusion through staff privilege restrictions would not harm competition. The Court found for Hackensack.  
  Berlyn v. The Gazette Newspapers, Washington Post, and Suburban Press Network  
  Ken Baseman filed written and deposition testimony on market definition, market power, and liability issues for the defendants in a lawsuit alleging predatory pricing and monopolization by merger in the community newspaper business. The appellate court approvingly cited Baseman's testimony in affirming the trial court's grant of summary judgment for defendants.  
  Community Publishers v. DR Partners and United States v. Nat, L.C. and DR Partners  
  Ken Baseman testified for the Antitrust Division that the merger between two daily newspapers in Northwest Arkansas was anticompetitive. Guided by Baseman's analysis, DOJ was able to persuade both the trial court and the 8th Circuit that the merger would reduce competition for both readers and advertisers.  
  Concord Boat v. Brunswick Corp. and FTC Investigation of Brunswick's OEM Pricing Policies  
  Rick Warren-Boulton testified in the private case that Brunswick's market share discounts were rational, procompetitive or competitively neutral, and efficient business strategies, not anticompetitive strategies. Ken Baseman represented Brunswick in front of the FTC and was influential in persuading the Commission to end its investigation of Brunswick's market share discounts and to refrain from filing an amicus brief for plaintiffs in Concord Boat.  
  Conley Publishing Group v. Journal Communications  
  Ken Baseman filed testimony for the defendant Milwaukee Journal-Sentinel in a lawsuit alleging predatory pricing in the market for newspaper readers and exclusionary pricing in the market for newspaper advertisers. The trial and appellate courts relied heavily on the arguments presented in Baseman's written testimony in granting summary judgment to defendants.  
  DRJ Refuse, Inc Bankruptcy Case No. 95-52055-SD Chapter 11, District of Maryland, Baltimore Division  
  Jon Joyce prepared expert testimony for the State of Maryland that a proposed acquisition of the firm was anticompetitive.  
  EEC Investigation of Contract between Arco Chemical and Repsol  
  Lloyd Oliver provided testimony before the EEC concerning market shares, definition and significance of merchant markets and competitive effects in an EEC investigation of allegedly restrictive provisions of a contract between Arco Chemical and Repsol for producing propylene oxide in Europe.  
  Field Turf, Inc. v. Southwest Recreational Industries, Inc.  
  Rick Warren-Boulton's and Alan Rockwood's expert report on behalf of Southwest was influential in the court's finding that Southwest did not have monopoly power in the relevant product market. Their report also analyzed damages from claims of patent infringement, which were dismissed by the court (Kentucky).  
  FTC Investigation of Brunswick's Investment in Tracker Marine  
  The FTC investigated Brunswick's partial equity interest in and long term supply contract with Tracker Marine as a possible example of the Merger Guideline's "disruptive buyer" theory. Ken Baseman's analysis was influential in persuading the FTC to drop its investigation without taking any action.  
  FTC Investigation of Microsoft Corporation ("Microsoft 1")  
  Rick Warren-Boulton and Ken Baseman worked for Novell Corporation in the original FTC Investigation of Microsoft's OEM licensing practices, especially the "per-processor" license. When the FTC declined to act, DOJ started its own investigation and sued Microsoft. MiCRA's work for Novell resulted in a frequently cited journal article: Warren-Boulton, Baseman, and Woroch, "Microsoft Plays Hardball: Use of Nonlinear Pricing and Technical Incompatibility to Exclude Rivals in the Market for Operating Software," Antitrust Bulletin 40-2 (Summer 1995), pp.265-315.  
  FTC Retrospective Investigation of Vista Health Merger  
  David Eisenstadt represented Vista Health in a retrospective hospital merger investigation conducted by the FTC. His analysis was instrumental in the Commission's decision to close the investigation.  
  FTC v. International Association of Conference Interpreters  
  Steve Silberman testified at an administrative hearing that the International Association of Conference Interpreters’ had too small a share of the relevant market to exercise market power. The FTC ultimately dismissed charges against Association rules governing work-day length and other non-price-related factors because there was no showing that the association had market power.  
  FTC v. Staples  
  Rick Warren-Boulton testified on behalf of the Federal Trade Commission that Staples’ acquisition of Office Depot would raise prices to consumers in areas where these firms had competing stores.  
  German Cement Cartel  
  Bruce Snapp, Ken Baseman, and Rick Warren-Boulton prepared analyses of the overcharges resulting from a cartel among German manufacturers of Portland cement.  
  Greenskeeper v. Soft Spikes  
  Plaintiff Greenskeeper sued Soft Spikes for monopolizing non-metal golf spikes, primarily by sham patent litigation. Ken Baseman submitted written and deposition testimony for plaintiff covering market definition, monopoly power liability, and damages. The case was settled on terms favorable to plaintiff before trial.  
  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.  
  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.  
  Cases by Practice Area  1  |  2  | 3  
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