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Abuse
of KPN's dominant position for the termination of calls on its mobile
network; European Commission Case COMP/37.704 |
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Michael Pelcovits prepared
a report on the call termination charges of KPN Mobile in The Netherlands.
As an MCI Vice President, he also presented evidence in an oral hearing
of the European Commission on KPN's discriminatory practices in the
market for termination of mobile calls on wireline networks. |
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Berlyn
v. The Gazette Newspapers, Washington Post, and Suburban Press
Network |
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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. |
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Community
Publishers v. DR Partners and United States v. Nat, L.C. and DR
Partners |
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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. |
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Conley
Publishing Group v. Journal Communications |
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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. |
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International
Telecharge, Inc., et al. v. AT&T |
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Bruce Snapp testified
on damages incurred by the plaintiff operator service providers as a
result of allegedly false and misleading statements by AT&T. |
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Investigation
into the Obligations of Incumbent Local Exchange Carriers to Unbundle
Network Elements |
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Michael Pelcovits testified
before the Pennsylvania Public Service Commission concerning implementation
of the rules on access to unbundled network elements. |
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Reed
Elsevier's acquisition of Harcourt |
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Rick Warren-Boulton presented
an analysis to DOJ in defense of Reed Elsevier's acquisition of Harcourt. |
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Singapore
IDA |
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Michael Pelcovits has
been consulted by the telecommunications regulatory agency in Singapore
on competition policies relating to access to submarine cable landing
stations and the local loop infrastructure controlled by SingTel, the
incumbent telephone company. He has written reports and met with the
government officials responsible for making decisions on these issues. |
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Triennial
Review of unbundling obligations of incumbent local exchange carriers. |
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Michael Pelcovits submitted
several expert reports and declarations to the Federal Communications
Commission concerning which components of the local telephone network
need to be unbundled to facilitate the development of competition. Among
these reports were a model estimating the impact of regulatory decisions
on the level of entry in the marketplace. |
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United
States v. AT&T |
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Rick Warren-Boulton testified
on the effects of vertical integration between Western Electric (equipment
manufacture) and the rest of the Bell system. |
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A.
Mitchell Gross v. Chrysler Corporation |
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Jon Joyce provided
an expert affidavit demonstrating that the class was not damaged by
violation of the Consumer Protection Act and that incidents of damage
were not caused by the Defendant. |
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Bethlehem
Steel Corporation v. Elkem Metals Company L.P. and Elkem ASA and
Bethlehem Steel Corporation v. SKW Metals and Alloys, Inc. and SKW
Trostberg AG and Charles Zak |
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Jon Joyce filed
written and deposition testimony on market definition and damages in
these two related but separate litigations. Both matters were settled. |
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German
Cement Cartel |
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Bruce Snapp, Ken
Baseman, and Rick Warren-Boulton prepared
analyses of the overcharges resulting from a cartel among German manufacturers
of Portland cement. |
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LaFarge
Acquisition of Blue Circle |
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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). |
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LePage's
v. Minnesota Mining & Manufacturing |
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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. |
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P.O.M.
Incorporated v. Duncan Industries |
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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. |
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Siegal
Transfer v. Carrier Express |
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Jon Joyce prepared
expert witness testimony on market definition and market power. The
client, Bethlehem Steel Corp., prevailed. |
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St.
Gobain Acquisition of Carborundum |
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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. |
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Field
Turf, Inc. v. Southwest Recreational Industries, Inc. |
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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). |
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Oldcastle
Materials Group, various acquisitions |
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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. |
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Southwest
Recreational Industries, Inc. v. Field Turf, Inc. |
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Rick Warren-Boulton served
as the expert witness for Southwest Recreational Industries. His deposition
and trial testimony provided evidence of liability and estimated damages
under the Lanham Act resulting in a favorable decision (Texas). |
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Cases
by Industry Group 1 | 2 | 3 |
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