Selected Matters by Practice Area  1  |  2  | 3  
  Antitrust (continued)  
  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.  
  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.  
  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.  
  Rome Ambulatory Surgery Center v. Rome Memorial Hospital  
  David Eisenstadt testified that Rome Memorial Hospital’s exclusive contracts with several major third-party payers constituted predatory and exclusionary conduct and were the cause of plaintiff’s exit from the ambulatory surgery market.  
  Siegal Transfer v. Carrier Express  
  Jon Joyce prepared expert witness testimony on market definition and market power. The client, Bethlehem Steel Corp., prevailed.  
  St. Gobain Acquisition of Carborundum  
  Ken Baseman's analysis of market definition and competitive effects was influential in persuading the FTC to allow St. Gobain to acquire Carborundum's specialty refractory business with only licensing remedies and without divestitures.  
  Sylvester Jennifer et al. v. Delaware Solid Waste Authority  
  Lloyd Oliver provided written and deposition testimony for DSWA in a class action case against DSWA for allegedly violating the Commerce Clause of the U.S. Constitution by restricting the transportation of solid waste generated in Delaware to landfills inside of the state; the case was settled on favorable terms for the Defendant before trial.  
  Tolokan v. Mobil Oil  
  Steve Silberman testified at trial that there was no economic evidence that Mobil had discriminated against an independent retailer. The jury found in favor of Mobil.  
  United States v. AT&T  
  Rick Warren-Boulton testified on the effects of vertical integration between Western Electric (equipment manufacture) and the rest of the Bell system.  
  United States v. Carilion Health System  
  David Eisenstadt testified at trial that the proposed merger would not raise hospital prices. His testimony helped persuade the Court and jury to rule in favor of Carilion.  
  United States v. Microsoft Corporation and State of New York ex rel. v. Microsoft Corporation  
  Rick Warren-Boulton testified on behalf of the government and plaintiff states that Microsoft had monopolized the market for PC operating systems and implemented policies designed to entrench its monopoly position by illegally weakening rivals such as Netscape that were current for imminent competitive threats.  
  United States v. Nippon Sanso K. K., et al.  
  Bruce Snapp's testimony on behalf of defendants concerning market definition and the competitive effects of defendants' proposed acquisition of Semi-Gas Systems helped defeat DOJ's request for a preliminary injunction.  
  US and EC Investigations Lyondell Chemical joint venture with Bayer AG and Bayer's acquisition of Lyondell's worldwide polyether polyols business.  
  Lloyd Oliver worked for Lyondell Chemical in helping to secure US and EC approval for a multibillion dollar joint venture by two propylene oxide producers to coordinate existing operations and establish new propylene oxide manufacturing facilities in Europe. He also consulted on Bayer's concomitant acquisition of Lyondell's worldwide polyether polyols business and helped to analyze the effects of technology sharing agreements.  
  Various Acquisitions by Banknorth Group  
  Bruce Snapp analyzed the likely competitive effects of several Banknorth acquisitions -- including Bancorp Connecticut, Warren Bancorp, and First Essex -- pursuant to a review by the Justice Department, Federal Reserve Board, and other banking regulators.  
  Wichita Clinic, P.A. v. Columbia/HCA Healthcare Corporation  
  Jon Joyce provided expert witness reports and deposition testimony for the Plaintiff.  
  Cases by Practice Area  1  |  2  | 3  
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