Areas of Expertise

Litigation

We have extensive experience in litigation matters including: Antitrust (Monopolization, Price Fixing, Class Certification), IP, Damages, and Complex Commercial Disputes.
  • In a large class action against large Wall Street banks on behalf of traders of LIBOR based Eurodollar futures and options, assisted testifying expert in preparing expert reports and in depositions. Also assisted attorneys in all aspects of the case.
  • In a Missouri class action against Dairy Farmers of America, Cristian Santesteban prepared expert reports and provided deposition testimony in the class certification stage of the case. The class was certified and the case settled before reaching the merits stage.
  • In a California class action against Intel, Cristian Santesteban prepared class certification expert reports and provided deposition testimony in this matter alleging monopolization of the CPU market.
  • For large Polyurethane Foam purchasers, managed all aspects of this price fixing op-out matter against the largest poly foam producers in the U.S.  Assisted expert in creation of expert reports; prepared expert for depositions; assisted attorneys in responding to Defendants’ motions. The case was settled favorably for Plaintiffs.
  • For a large Flat Glass purchaser, 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 liability and damages expert reports; prepared expert for depositions; assisted attorneys in responding to summary judgment motion and preparing for trial. The case was settled favorably for Plaintiff.
  • 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 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 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 DRAM pricing behavior and other indicia of competition 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.

    Mergers

    We also have deep experience in mergers.  The following are representative cases we’ve worked on:
    • For Alarm.com in its acquisition of iControl, assisted Compass Lexecon economists in preparing econometric analyses in response to inquiries by the FTC. The FTC did not challenge the merger.
    • 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.

    Business Analytics

    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 nonlinear pricing models based on modern microeconomic theory.
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