Selected Matters by Industry Group  1  |  2  | 3  
     
  Technology  
  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.  
   
  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.  
   
  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.  
   
  Thomas & Betts v. IBM  
  Lloyd Oliver provided written and deposition testimony analyzing damages due the plaintiff as a result of an alleged breach of contract by IBM in failing to make Thomas & Betts its exclusive manufacturer of computer connectors. The case was settled on terms favorable to the plaintiff before trial.  
   
  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.  
   
  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.  
   
  Healthcare  
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  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.  
   
  Wichita Clinic, P.A. v. Columbia/HCA Healthcare Corporation  
  Jon Joyce provided expert witness reports and deposition testimony for the Plaintiff.  
   
  Chemicals  
  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.  
   
  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. 		 
   
  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.  
   
  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.  
     
  Cases by Industry Group   1  |   2  |   3  
     
     
 
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