Selected Matters by Economist   1  |  2  | 3  
     
  Stephen Silberman  
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  Bruce Snapp  
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  Yamaha Motor Corp. USA v. Internal Revenue Service  
  Bruce Snapp consulted on an expert report demonstrating that Yamaha transferred motorcycles to its U.S. subsidiary at comparable arms-length prices and that losses incurred in the U.S. were the result of market conditions.  
   
  ZC Sterling Insurance Agency, Inc. et al. v. Nationsdata.com, Inc., et al.  
  Bruce Snapp testified at trial on behalf of plaintiffs concerning future economic damages that could result from the defendants' alleged theft of proprietary information for a software product to manage mortgage escrow accounts.  
   
  Frederick Warren-Boulton  
  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.  
   
  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 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 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.  
   
  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.  
   
  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.		  
   
  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.  
   
  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.  
   
  Southwest Recreational Industries, Inc. v. Field Turf, Inc.  
  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).  
   
  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. 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.  
   
  Ventana Medical Systems, Inc. petitioner to the US Department of Energy  
  Under certain federal contract terms, patents resulting from those research grants must be licensed in a manner that will promote competition. Rick Warren-Boulton and Alan Rockwood provided an expert witness report and Warren-Boulton also testified at the Department of Energy hearing for the petitioner on the competitive effects of certain actions and sub-license demands by Vysis, the patent holder's exclusive licensee.  
     
  Cases by Economist  1  |  2  | 3  
     
     
 
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