presented with support from - american antitrust … 2015new.pdf · our website at . economists...

11
PRESENTED WITH SUPPORT FROM Bates White Economic Consulting offers services in economics, finance, and business strategy to leading law firms, FORTUNE 500 companies, and government agencies. The firm’s antitrust practice is recognized for its application of advanced economic, financial, and econometric theory to the analysis of liability and damages. These applications have arisen in a number of legal settings including: cartels, litigation and agency review for mergers and acquisitions, monopolization, conspiracies in restraint of trade, exclusive dealing, and tying arrangements. Bates White Economic Consulting maintains a network of relationships with economic thought leaders and industry experts to complement its in-house expertise and to provide clients with the latest empirical and theoretical advancements. Emphasizing a customized approach and a complete understanding of each client's challenges, Bates White Economic Consulting brings clarity to complex issues to help clients make more informed decisions and optimize bottom-line results. For more information, visit www.bateswhite.com. For more than forty years, Berger & Montague has litigated complex and class action cases primarily for plaintiffs in a wide array of areas including antitrust, securities, insurance, consumer protection, environmental, products liability/mass torts, employment discrimination, qui tam/false claims and ERISA. The firm has recovered billions of dollars for its consumer, business, and public entity clients, and has been nationally recognized as a pioneer and leader in litigating and trying major, complex cases. In numerous precedent-setting cases, the firm has played a principal or lead role establishing new law, obtaining landmark rulings and securing substantial recoveries for victims of misconduct. In just the past two years, the firm has continued to obtain precedent setting victories for its clients, including the largest-ever monetary settlement of a private antitrust class action: $7.25 billion in cash in In re Payment Card Interchange Fee & Merchant Discount Antitrust Litig. (nearly $5.7 billion after reduction for opt outs). The firm achieved yet another ground-breaking settlement in the payment network arena, relating to the over-the-road fleet payment card market in Marchbanks Truck Service Inc., et al. v. Comdata Network, Inc., et al., 07-1078 (E.D. Pa) (JKG). The Comdata settlement, which received final approval on July 14, 2014, provides for $130 million for the victims of past competitive harms plus valuable prospective relief that rolled back much of the conduct

Upload: hakhue

Post on 21-May-2018

216 views

Category:

Documents


0 download

TRANSCRIPT

PRESENTED WITH SUPPORT FROM

Bates White Economic Consulting offers services in economics, finance, and business strategy to leading law firms, FORTUNE 500 companies, and government agencies. The firm’s antitrust practice is recognized for its application of advanced economic, financial, and econometric theory to the analysis of liability and damages. These applications have arisen in a number of legal settings including: cartels, litigation and agency review for mergers and acquisitions, monopolization, conspiracies in restraint of trade, exclusive dealing, and tying arrangements. Bates White Economic Consulting maintains a network of relationships with economic thought leaders and industry experts to complement its in-house expertise and to provide clients with the latest empirical and theoretical advancements. Emphasizing a customized approach and a complete understanding of each client's challenges, Bates White Economic Consulting brings clarity to complex issues to help clients make more informed decisions and optimize bottom-line results. For more information, visit www.bateswhite.com. For more than forty years, Berger & Montague has litigated complex and class action cases primarily for plaintiffs in a wide array of areas including antitrust, securities, insurance, consumer protection, environmental, products liability/mass torts, employment discrimination, qui tam/false claims and ERISA. The firm has recovered billions of dollars for its consumer, business, and public entity clients, and has been nationally recognized as a pioneer and leader in litigating and trying major, complex cases. In numerous precedent-setting cases, the firm has played a principal or lead role establishing new law, obtaining landmark rulings and securing substantial recoveries for victims of misconduct. In just the past two years, the firm has continued to obtain precedent setting victories for its clients, including the largest-ever monetary settlement of a private antitrust class action: $7.25 billion in cash in In re Payment Card Interchange Fee & Merchant Discount Antitrust Litig. (nearly $5.7 billion after reduction for opt outs). The firm achieved yet another ground-breaking settlement in the payment network arena, relating to the over-the-road fleet payment card market in Marchbanks Truck Service Inc., et al. v. Comdata Network, Inc., et al., 07-1078 (E.D. Pa) (JKG). The Comdata settlement, which received final approval on July 14, 2014, provides for $130 million for the victims of past competitive harms plus valuable prospective relief that rolled back much of the conduct

Plaintiffs had challenged as anticompetitive. Berger & Montague has also, over the past decade, been in the vanguard of challenging pay-for-delay and other means by which pharmaceutical companies have sought to delay generic competition. The firm has has secured well over $1 billion in settlements in these pharmaceutical cases for its clients, and the firm’s recent victory in the K-Dur case in the Third Circuit helped set the stage for the Supreme Court’s decision in Federal Trade Commission v. Actavis, 133 S. Ct. 2223 (June 17, 2013). These recent successes build upon the firm’s storied history of serving as lead, co-lead or co-trial counsel on many of the most significant civil antitrust cases over the last four decades.

Blecher Collins Pepperman & Joye is recognized as one of the premier antitrust and complex business litigation law firms in the country. Founded by Maxwell M. Blecher in 1971 and based in Los Angeles, California, our firm excels in handling a full range of complex business and commercial litigation. Blecher Collins Pepperman & Joye is uniquely positioned to provide unparalleled legal representation by experienced attorneys, and offer an attention to detail and client communication within a small firm context on a more cost-effective basis than a big firm. Our AV peer-review rated* firm is proud to count among its alumni two California state court judges and a federal court magistrate. In addition to our highly regarded senior level attorneys, we boast numerous "rising stars" at our firm. Learn more at www.blechercollins.com.

Founded in 1997, Boies, Schiller & Flexner LLP has grown to over 250 lawyers practicing in twelve offices throughout the country and our first office outside the U.S., opened last year in London. The firm has a sophisticated antitrust practice, excelling in the defense and prosecution of complex, high- stakes cases and the defense of antitrust and government-related investigations. Our practice spans a range of industries and is international in scope. Among our partners are the former lead trial lawyer for the United States in the landmark Microsoft antitrust case and the former lead attorney for the United States in its antitrust suit against AT&T, which resulted in the breakup of the Bell system. Most recently, one of our partners won plaudits for his cross-examinations of witnesses in O’Bannon v. NCAA, which resulted in a favorable verdict for our client. Learn more at www.bsfllp.com.

For over forty years, Cohen Milstein Sellers & Toll PLLC has been at the forefront challenging price-fixing conspiracies, market-allocation agreements, monopolization schemes and other antitrust violations in the United States. During this time, our antitrust group has grown to become one of the largest Plaintiffs’-side antitrust practices in the country, with our attorneys recovering billions of dollars for our clients. Our work has improved the quality and availability of legal recourse for aggrieved businesses and individuals throughout the country. Tenaciously pursuing our clients’ interests, our attorneys are prepared to take – and have taken – antitrust cases to trial and to the United States Supreme Court. As one of the premier firms in the country handling major complex class actions, Cohen Milstein, with more than 60 attorneys and offices in Washington, D.C., New York, Philadelphia, Chicago and West Palm Beach, is a firm that specializes in cases concerning Antitrust, Securities Fraud/Investor Protection, Civil & Human Rights, Consumer and Unsafe Products, Employee Benefits, Public Clients, and Whistleblowers/False Claims Act. For more information, contact us at [email protected].

COMMITTEE TO SUPPORT ANTITRUST L A W S

COMMITTEE TO SUPPORT ANTITRUST L A W S

COMMITTEE TO SUPPORT ANTITRUST L A W S

The Committee to Support the Antitrust Laws (COSAL) was established in 1986 to promote and support the enactment, preservation and enforcement of a strong body of antitrust laws in the United States. COSAL closely monitors and comments on Congressional and administrative activity with respect to antitrust policy and plays a leadership role in lobbying and coalition building in support of antitrust laws. It is the only organization in Washington, D.C. that is dedicated to lobbying for strong antitrust laws and effective private enforcement.

Our firm has brought together a team of highly skilled lawyers with a diversity of experience matched by few other law firms of our size. Our lawyers have worked in large international law firms, in high-caliber specialized boutique law firms, on Congressional committee staffs, in the U.S. Department of Justice, in federal regulatory agencies, in public interest organizations, in legal academia, and in the public defender’s office. What unites all of our lawyers is an uncompromising commitment to excellence. We practice advocacy—and only advocacy. We bring our extensive experience and formidable skills into trial and appellate courtrooms, Congressional committee hearings, the halls of the executive branch and independent government agencies, and the arena of public opinion on legal and policy matters of national importance. We represent our clients—effectively and efficiently—as only a firm our size can. Whatever the forum to which we bring our skills and experience, we are committed to creative and tireless advocacy to advance the interests of each of our clients. We have an outstanding record of delivering winning results. Please visit www.cuneolaw.com to learn more about our lawyers, our practice, and our accomplishments.

Econ One provides economic research and consulting relating to markets, competitive analysis, pricing, and valuation. We have experienced testifying experts at our offices across the U.S. We offer in-house expertise in applied economic theory, econometrics, statistics, market strategy, electronic data collection, manipulation and graphics. We are expert in using qualitative and quantitative evidence to explain market results. Antitrust matters comprise a large segment of our work. We have worked on 100+ matters involving class issues, market definition, market power, conspiracy effects, and damages across many industries (for example, auctions, credit cards, computers, flat glass, HFCS, insulation, pharmaceuticals, poly foam, scrap metal, TFT-LCD panels, etc.). We are committed to providing high-value service to our clients. This means: well-conceived and well-presented analyses; research that is accurate and thorough; analytical approaches grounded in state-of-the-art economic methods; project management & budgeting to insure efficient use of resources and no unexpected costs; efficient staffing with experienced project teams to minimize learning time and false starts; willingness to explore innovative billing arrangements. For more information, visit our website at www.econone.com.

Economists Incorporated is a premier economic consulting firm in the fields of law and economics, public policy, and business strategy. We offer expert consulting and testifying services in the context of proposed mergers and acquisitions, legal disputes industry regulation, auction design and strategy, transfer pricing and business planning. Our clients include legal counsel, businesses, trade associations, government agencies, and multilateral organizations. Learn more at www.EI.com.

Entwistle & Cappucci is a national law firm providing exceptional legal representation to clients globally in the most complex and challenging legal matters. Our practice encompasses all areas of litigation including securities, antitrust, corporate transactions, general corporate and commercial, creditor’s rights and bankruptcy, corporate governance and fiduciary duty, government affairs, insurance, investigations and white collar defense. Throughout its history, the Firm has represented lead parties in an impressive roster of antitrust class actions where it has worked in conjunction with law enforcement and regulatory authorities both domestically and overseas. The complexities of these matters require an ability to develop strategies and continually novel approaches while working in conjunction with industry experts and economic and damage consultants to insure the successful prosecution of claims against the most well financed, globally based corporations and enterprises. Learn more at Entwistle-Law.com.

The leader in complex claims administration, Epiq Systems has administered some of the most significant and far-reaching antitrust settlements in US history including: In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, In Re Automotive Parts Antitrust Litigation, In Re International Air Transportation Surcharge Antitrust Litigation, Precision Associates, Inc. v. Panalpina World Transport, In re American Express Anti-Steering Rules Antitrust Litigation (II), and In re Puerto Rican Cabotage Antitrust Litigation. Clients choose Epiq because we have proven experience in delivering flawless execution, expert support, and process transparency, from initial project planning and notification to tax services and award distribution. Following proven best practices, we provide successful outcomes every step of the way. As client needs evolve, we regularly enhance our case management technology and project management methodology to deliver the right solution. Learn more at www.epiqsystems.com.

Freedman Boyd Hollander Goldberg Urias & Ward P.A. , founded in 1974, is a litigation firm with practice areas as varied as the interests of its members. Its lawyers practice in both federal and state trial and appellate courts, from the municipal courts to the Supreme Court of the United States, and handle a broad spectrum of civil and criminal cases. It was founded by lawyers who were and still are good friends and professional colleagues with a shared commitment to the use of the judicial system for its intended purpose of rendering true justice. In the years since its founding, the firm has grown slowly by the addition of exceptional lawyers who share the same vision and commitment. Please visit www.fbdlaw.com for more information.

In 1996, Stanford graduate students Larry Page and Sergey Brin began building a new search engine that used links to determine the importance of web pages. That search engine became the Google we know today. Since then, Google has continued innovating beyond its original ten blue links to give users the answers they are looking for -- whether they are purchasing a product, finding a local restaurant, a video or a map. Consistent with its mission to “organize the world’s information and make it universally accessible and useful,” Google is also investing in Internet access, from gigabit speed broadband to high altitude balloons and solar powered aircraft. And Android, Google's free open source operating system, has sparked innovation in the mobile economy, lowering prices and increasing choice for consumers, making it easier for more people today to get online.

Gustafson Gluek P.L.L.C. is a Minneapolis law firm committed to the protection of fair competition. The firm’s focus is on antitrust, consumer protection and class action litigation. The five partners of the firm have over seventy years of experience in these areas, as well as in the areas of intellectual property litigation involving patents, trademarks and trade dress, complex business litigation, and securities fraud litigation. Gustafson Gluek PLLC practices before state and federal courts throughout the country and works with and opposes some of the nation’s largest companies and law firms. The firm was formed in May 2003.

Hausfeld is a leading global law firm with offices in Brussels, London, Philadelphia, San Francisco, New York, and Washington, DC. The firm has a broad range of complex litigation expertise, particularly in antitrust/competition, financial services, sports and entertainment, environmental, mass torts, consumer protection, and human rights matters, often with an international dimension. Hausfeld aims to achieve the best possible results for clients through its practical commercial approach, avoiding litigation where feasible, yet litigating robustly when necessary. Hausfeld’s extensive experience with alternative and innovative fee models offers clients a diverse menu of engagement options and maximum flexibility in terms of managing their cost exposure. For more information about the firm, including recent trial victories and settlements, please visit www.hausfeld.com.

For more than 30 years, Kaplan Fox & Kilsheimer LLP has represented businesses and individuals who have been injured as a result of price-fixing, customer allocation, or other anticompetitive behavior by sellers of a broad array of products and services. Kaplan Fox is frequently at the forefront of significant private antitrust actions, and we have been appointed by courts as lead counsel or member of an executive committee for plaintiffs in some of the largest antitrust cases throughout the country. We have, over the years, recovered more than $1 billion for our clients. We attribute our high rate of success in the antitrust arena to a variety of unique factors. At the outset of every action, we devote significant time considering our approach to the case. We tailor our plan for litigating each matter to the facts of the case, because we know that charting a proper course at the start is likely to pay off in the end. Once we have developed our plan, we draw upon all of the firm’s resources to see the case through to the best possible result. Our most experienced antitrust attorneys become thoroughly familiar with the details of each matter, providing a type of hands-on involvement designed to foster success. Finally, we utilize the significant expertise of specialists skilled in evaluating the economic damages resulting from the defendants’ anticompetitive actions. Learn more at www.KaplanFox.com.

As an award-winning claims administrator, KCC has earned the trust and confidence of our clients with our track record as a highly-responsive partner. From our experienced professionals to our innovative technology solutions and outstanding customer service, you can count on us to deliver a higher standard every step of the way. With experience administering over 1,500 settlements, KCC’s team knows first-hand the intricacies of class action settlement administration. Our domestic infrastructure, the largest in the industry, includes a 900-seat call center and document production capabilities that handle hundreds of millions of documents annually. In addition, our disbursement services team distributes more than $250 billion annually. Learn more at kccllc.com.

In our 50 years of practice, our Firm has cultivated an incomparable reputation for advocacy, service and true integrity. Our practitioners – attorneys and staff alike – are selected not only for their technical excellence, but also for their character. In our field, reputation, commitment and results count. With our tenacious advocacy and savvy litigation strategy, we have secured monetary and equitable recoveries of more than $2 billion in major antitrust class actions filed in the US and around the world. Our success has allowed us to represent a diverse range of clients from small family businesses to multi-billion dollar corporations, governmental entities and institutional investors, pursuing cases against some of the largest companies. Visit www.labaton.com to learn more.

Celebrating its 40th anniversary, Lieff Cabraser Heimann & Bernstein, LLP is a law firm with over sixty attorneys in offices in San Francisco, New York, and Nashville. The firm is among the largest law firms in the United States that only represent plaintiffs. The firm assists companies, governments, and consumers affected by anticompetitive conduct, assess market circumstances and determine whether and how to pursue legal action to achieve their goals. On behalf of its clients, Lieff Cabraser has successfully challenged the world's largest corporations' cartels that fix prices, restrict supply, or perform other anti-competitive practices. The result: judgments and settlements in excess of $5.5 billion in antitrust cases in which Lieff Cabraser has had a leading role. In 2012, the Daily Journal noted, "With De Beers, it was a monopoly on diamonds. With vitamin makers, price-fixing. No matter the transgression, Lieff Cabraser Heimann & Bernstein, LLP will avenge it. Because of that tenacity, the firm's antitrust practice group over the past 20 years has evolved into one of the most formidable in the state.”

Lighthouse eDiscovery guides clients through every aspect of ediscovery, from the simplest projects to the most complex, risky matters. Our experienced, dedicated client teams deliver with high velocity, unparalleled quality, and a pragmatic focus on lowering overall ediscovery costs. We develop highly innovative applications built on leading third-party technology, making it more effective and easier to use, and we custom-engineer solutions to specific client requirements. Our client-aligned approach has enabled us to form long-term relationships with many of the world’s leading corporations and top law firms who rely on Lighthouse to meet all of their ediscovery needs. For more information, visit www.lhediscovery.com.

Lead by Dianne Nast, one of the country’s premier litigators, NastLaw attorneys combine over 90 years of complex civil litigation experience. We provide our clients with experienced, confident representation to guide them in the most difficult cases. NastLaw attorneys fight for victims, so you can be assured that you will receive vigorous and aggressive representation. This work is our passion, and we are dedicated to helping consumers and institutions defend their rights when harmed by large corporations. NastLaw attorneys are nationally recognized for their antitrust experience and have been appointed to significant leadership positions in some of the largest antitrust cases. Our lawyers have successfully litigated dozens of major antitrust cases to protect consumers and ensure fair competition for businesses.

Nathan Associates is recognized nationally for its expert economic, financial, and statistical analysis and testimony in legal and regulatory proceedings. For decades Nathan Associates has researched and analyzed liability and damages and provided expert opinion and testimony. Clients include law firms; federal, state, and local government agencies; foreign governments, international lending institutions; large and small businesses; and industry and trade associations. Nathan Associates experts provide testimony on a foundation of knowledge, thoroughness, and integrity.

The purpose of the National Beer Wholesalers Association is to provide leadership which enhances the independent beer distribution industry; to advocate before government and the public; to encourage the responsible consumption of alcohol; and to provide programs and services that will benefit its members. Learn more at www.nbwa.org.

Robins Kaplan LLP is among the nation’s premier trial law firms, with more than 220 attorneys in seven major cities. Our attorneys litigate, mediate, and arbitrate client disputes, always at-the-ready for an ultimate courtroom battle. When huge forces are at play, major money is at stake, or rights are being trampled, we help clients cut through complexity, get to the heart of the problem, and win what matters most. We are clearly focused on business results for our clients. We achieve landmark triumphs and drive thousands of other cases to resolution before they ever hit the courtroom or the front page. From Big Tobacco to Kraftv. Starbucks, Interchange to Bhopal and the World Trade Center — we have changed law, business, and society for the better by redefining what’s possible. Learn more at www.robinskaplan.com.

Clients trust Rust Consulting and Kinsella Media as the industry leaders in class action settlement administration and notification. Rust has designed, implemented, or managed more than 4,500 class actions as well as other complex and time sensitive programs such as regulatory settlements, data breach responses, and recalls. Kinsella Media has designed and implemented more international, national, and statewide programs providing notice to unidentified class members and claimants than any other firm. Rust and Kinsella Media are SourceHOV companies. Spector Roseman Kodroff & Willis, P.C. uses litigation to empower its clients. Whether they are investors who lost money due to corporate wrongdoing, businesses that overpaid for products due to price fixing or end-payers who overpaid for healthcare, SRKW works to recover monies its clients have lost and to build better governance going forward. SRKW has played a prominent role in prosecuting many significant antitrust actions. For example, the Firm co-led the In re Linerboard Antitrust Litigation (E.D.Pa.), which settled for $ 202 million, the largest antitrust settlement in the Third Circuit. SRKW also led the In re OSB Antitrust Litigation (E.D.Pa.), which was one of the first antitrust cases to survive a motion to dismiss following the Supreme Court’s Twombly decision, and which settled for $ 120 million. In addition the Firm is currently lead counsel in McDonough, et al, v. Toys R Us, et al. (E.D.Pa.), one of the rare cases in which a class of purchasers damaged as a result of resale price maintenance has been certified. That case also survived motions to dismiss based upon the recent Supreme Court opinion in Leegin Creative Products. SRKW has been at the vanguard of the development of legal theories on behalf of its clients. Learn more about us at www.srkw-law.com.

Zelle Hofmann attorneys are proud to represent clients in their most challenging insurance-related disputes, antitrust/competition and other complex business litigation in venues across the United States and around the world. Our experience in successfully resolving high-profile, high-exposure cases and our commitment to efficient and responsive service supports everything we do. Because we represent both defendants and plaintiffs, our attorneys have developed keen insights and experience from practicing on both sides of the aisle. We can better understand and anticipate the objectives and tactics of opposing counsel, giving our clients a number of distinct advantages. Since our contingency practice obligates us to fund many of our clients' cases, we are particularly adept in avoiding unnecessary tasks and expenses while doing everything to achieve the most favorable outcomes. Our clients appreciate this ability to efficiently staff cases while still delivering exceptional service and consistent results. Learn more at Zelle.com.