Selected Matters by Economist   1  |  2  | 3  
     
  Ken Baseman  
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  David Eisenstadt  
  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.  
     
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  Jon Joyce  
  A. Mitchell Gross v. Chrysler Corporation  
  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.  
   
  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  
  Jon Joyce filed written and deposition testimony on market definition and damages in these two related but separate litigations. Both matters were settled.  
   
  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.  
   
  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.  
   
  Siegal Transfer v. Carrier Express  
  Jon Joyce prepared expert witness testimony on market definition and market power. The client, Bethlehem Steel Corp., prevailed.  
   
  Wichita Clinic, P.A. v. Columbia/HCA Healthcare Corporation  
  Jon Joyce provided expert witness reports and deposition testimony for the Plaintiff.  
     
  Cases by Economist  1  |  2  | 3  
     
     
 
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