| |
|
|
|
| |
|
| |
|
|
|
| |
|
|
| |
Aurora
Foods (Van de Kamp) acquisition of Mrs. Paul's from Campbell Soup
Company |
|
| |
Lloyd Oliver worked
for both Aurora Foods and Campbell to gain DOJ approval of this combination
of two of the three producers of breaded fish sticks in the U.S. |
|
| |
|
|
| |
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. |
|
| |
|
|
| |
Gillette
v. Optiva Corp. |
|
| |
Lloyd Oliver testified
for Gillette in a jury case on the amount of damages on a deceptive
advertising claim under the Lanham Act. Gillette was awarded significant
damages. |
|
| |
|
|
| |
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. |
|
| |
|
|
| |
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. |
|
| |
|
|
| |
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. |
|
| |
|
|
| |
RJR
acquisition of Brown & Williamson |
|
| |
Rick Warren-Boulton presented
an analysis of efficiencies to the FTC in defense of RJR acquisition
of Brown & Williamson. |
|
| |
|
|
| |
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. |
|
| |
|
|
| |
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. |
|
| |
|
|
| |
|
|
| |
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. |
|
| |
|
|
| |
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
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. |
|
| |
|
|
| |
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. |
|
| |
|
|
| |
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. |
|
| |
|
|
| |
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. |
|
| |
|
|
| |
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. |
|
| |
|
|
| |
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. |
|
| |
|
|
| |
Cases
by Industry Group 1 | 2 | 3 |
|
| |
|
|
| |
|
|
