Michael Keeley Cornerstone Research Economic and Financial Consulting and Expert Testimony

Antitrust and Competition Cornerstone Research provides economic analysis for litigation and regulatory matters involving proposed mergers and allegations of anticompetitive horizontal conduct or monopolization. We have worked on class certification, liability, and damages in a range of industries, including technology, financial institutions, agriculture, telecommunications, and pharmaceuticals. Our staff and experts also have experience with cases at the intersection of antitrust with intellectual property and involving labor and financial markets.

PRACTICE DETAILS

Price Fixing and Horizontal Conduct

Our experience in matters involving allegations of anticompetitive horizontal conduct includes cases in which plaintiffs alleged price fixing, agreements to allocate territories or customers, or group boycotts. We have worked on major cases for the joint defense and for individual clients including recent cases involving milk, credit card interchange fees, LCDs, CRTs, fuel surcharges, auto parts, and LIBOR. In these and other assignments, we have assessed the economic incentives of the alleged participants, tested hypotheses that distinguish competitive from collusive behavior, and assessed the likelihood and quantum of damages.

Illustrative cases include:

*** Southeastern Milk Antitrust Litigation

*** In re Flash Memory Antitrust Litigation

*** SRAM Antitrust Litigation

*** Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

*** In re International Air Transportation Surcharge Antitrust Litigation

*** Compensation of Managerial, Professional and Technical Employees Antitrust Litigation

*** In re NASDAQ Market-Makers Antitrust Litigation

*** Aguilar et al. v. Atlantic Richfield Corporation et al.

*** In re High Fructose Corn Syrup Antitrust Litigation

Monopolization and Exclusionary Practices

We have analyzed claims of monopolization, tying, exclusive dealing, and anticompetitive pricing practices, such as loyalty or volume discounts and bundled rebates. We have assessed whether these practices can be attributed to competition among firms, are the result of hard bargaining between buyers and sellers, and have efficiencies that outweigh any potential harm to competition. Our recent experience includes cases involving high-technology products, pharmaceuticals, airlines, and energy.

Illustrative cases include:

*** American Express Travel Related Services Company, Inc. v. Visa USA, Inc., et al.

*** Microsoft Antitrust Litigation

*** E.I. du Pont de Nemours and Company v. Monsanto Company

*** Stacie Somers v. Apple, Inc.

*** Leegin Creative Leather Products, Inc. v. PSKS, Inc.

*** In re Ovcon Antitrust Litigation

*** California Wholesale Electricity Antitrust Litigation

*** Spirit Airlines, Inc. v. Northwest Airlines, Inc.

*** Thales Avionics, Inc. v. Matsushita Avionics Systems Corporation

Mergers and Acquisitions

We have analyzed the potential competitive effects of horizontal and vertical mergers in the context of government investigations and private litigation in the United States and Europe. We apply economic theory to define relevant markets, identify close competitors, determine competitive interactions, analyze potential price impacts and potential for foreclosure, and assess whether there are efficiencies associated with the proposed collaboration.

Our recent merger work includes:

*** Google’s Purchase of ITA Software

*** Comcast–NBC Universal Joint Venture

*** Intel–McAfee Merger

*** InBev’s Acquisition of Anheuser-Busch

*** CoStar Group–LoopNet Merger

*** Google–AdMob Merger

*** Thoratec–Heartware

Class Certification

Cornerstone Research has worked on many direct and indirect purchaser class certification matters. Our case experience and analytical breadth enables us to meet the changing demand for rigorous empirical and conceptual assessment of both the questions of common impact and common proof and of the merits issues that bear on those questions. Recently, we have assisted counsel in matters involving mobile devices, computer components, software, automobiles, and employment practices.

Illustrative cases include:

*** In re Skelaxin (Metaxalone) Antitrust Litigation

*** In re Flash Memory Antitrust Litigation

*** In re Cigarette Antitrust Litigation

*** Stacie Somers v. Apple, Inc.

*** Polyester Staple Antitrust Litigation

*** S&M Farm Supply v. Pharmacia Company and Monsanto Company

*** Verdin v. R&B Falcon Drilling, U.S.A., Inc., et al.

*** In re Sorbates Direct Purchase Antitrust Litigation

*** In re Optical Disk Drive Antitrust Litigation