We have extensive experience in litigation matters including: Antitrust (Monopolization, Price Fixing, Class Certification), IP, Damages, and Complex Commercial Disputes.
- For large Flat Glass purchaser (ongoing), managed team in a price fixing class op-out case against the four largest flat glass producers in the U.S. Assisted expert in creation of two expert reports; prepared expert for deposition; assisted attorneys in responding to summary judgment motion.
- For One Technologies, an internet marketing strategy firm, managed monopolization case against ConsumerInfo (an Experian Company) involving three expert reports, deposition, and trial. Led team from Brattle Group in developing analyses, preparing expert for deposition and trial. Assisted lawyers in all phases of the case, including trial preparations.
- For Tyco Healthcare, a large medical devices manufacturer, collaborated in the preparation of expert report in a case involving alleged exclusionary conduct in the context of Group Purchasing Organizations; prepared expert for deposition and trial; assisted attorneys during three-week trial.
- For Plaintiffs in an indirect purchaser class action against Intel, assisted expert with empirical economic analyses in the preparation of two expert reports in a case involving attempted monopolization. Created an econometric model for estimating damages. Assisted expert in the preparation of two depositions and a class certification hearing.
- For Tyco Healthcare, developed a damages model to estimate impact of alleged exclusionary behavior; assisted in the preparation of expert reports; prepared expert for deposition and trial; and assisted attorneys at trial. Damages methodology adopted by the Court.
- For Schering-Plough, prepared affirmative damages model and critiqued Plaintiffs’ damages methodology in litigation related to an alleged conspiracy to delay entry by generic drug manufacturers.
- For Amgen, a large biotech company, performed econometric analysis in the creation of expert report in IP arbitration. Prepared expert for deposition.
- For Universal Music, managed the preparation of expert report in an FTC investigation involving price-fixing and restraint of trade in the context of a joint venture. Assisted in expert and attorneys’ preparation for deposition and trial.
- For Hynix Semiconductor, analyzed pricing behavior and other indicia of competition in a Federal price fixing investigation.
- For The Coca-Cola Company, co-managed a large team of consultants in the preparation of a white paper for the European Commission that examined market definition and competitive conditions in the European soft drinks industry.
- For Universal Music, developed economic models to analyze record companies’ and composers’ incentives under various licensing arrangements; prepared expert report submitted to the European Commission.
- For a large personal computer manufacturer, calculated lost profits and reasonable royalty damages related to alleged patent infringement; prepared expert testimony.
- For a semiconductor manufacturer, calculated lost profits and reasonable royalty damages related to patent infringement of semiconductor technology in the telecommunications industry; prepared expert testimony and rebuttals.
We also have deep experience in mergers. The following are representative cases we’ve worked on:
- For California Public Utilities Commission, assisted Commission staff with economic analysis of AT&T-T-Mobile merger. Analyzed porting data in California to establish degree of substitution between companies. In addition, analyzed and critiqued merger simulation model submitted by the merging parties.
- For CanWest MediaWorksNZ, co-authored a declaration highlighting lessons from the U.S. experience with media mergers in connection to the proposed acquisition of Prime TV, an over-the-air network, by SKY TV, a pay television company in New Zealand. The declaration was submitted to the New Zealand Commerce Commission: “An Assessment of the Competitive Effects of the SKY-Prime Merger: Lessons from the Recent News Corp.-DIRECTV Merger,” Cristian Santesteban and Jon Orszag, commissioned by CanWest MediaWorksNZ, January 23, 2006.
- For AT&T in its proposed merger with SBC, created a combined vertical-horizontal merger simulation model. For the same merger, prepared expert declaration evaluating the economic rationale of AT&T’s decision to exit mass market services.
- For AT&T Wireless, assisted counsel in the analysis of unilateral effects arising from its merger with Cingular and developed critical loss methodology to assist in assessment of product market definition.
- For AT&T Broadband, on behalf of its proposed merger with Comcast, managed a team of consultants in the preparation of expert declaration submitted to the FCC.
We provide business consulting services to private clients, including: Asset Valuation and Analytics for Business Strategy. Below are some representative engagements:
- For a financial services firm, performed an analysis of the value of their portfolio of clients in four different industry groups. Developed proprietary asset pricing tools. Provided analytical services that fed directly into high level strategic decisions.
- For Level 3, developed optimal pricing models based on modern non-linear microeconomic theory.