|  |  |  |  | 
     
       |  |  | 
     
       |  |  |  |  | 
     
       |  |  |  | 
     
       |  | 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. |  | 
     
       |  |  |  |  | 
     
       |  | 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. |  | 
     
       |  |  |  | 
     
       |  | 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. |  | 
     
       |  |  |  | 
     
       |  | 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. |  | 
     
       |  |  |  | 
     
       |  | 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. |  | 
     
       |  |  |  | 
     
       |  | 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. |  | 
     
       |  |  |  | 
     
       |  | 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 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. |  | 
     
       |  |  |  | 
     
       |  | 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. |  | 
     
       |  |  |  | 
     
       |  | 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. |  | 
     
       |  |  |  | 
     
       |  | 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. |  | 
     
       |  |  |  | 
     
       |  | 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. |  | 
     
       |  |  |  | 
     
       |  | 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. |  | 
     
       |  |  |  | 
     
       |  | Cases
             by Practice Area  1  |  2  | 3 |  | 
     
       |  |  |  | 
     
       |  |  |  |