David A. Argue, with the assistance of Laura A. Malowane, provided economic analysis for the parties in UPMC’s recent acquisition of Mercy Hospital Pittsburgh. The FTC allowed the transaction after a Second Request investigation that considered issues such as geographic market, the constraints already imposed on UPMC by West Penn Allegheny Health System, and reductions in the level of Mercy’s tertiary services. Jones Day and Drinker Biddle represented UPMC. Buchanan Ingersoll represented Mercy.
Economic Study of the Entertainment Software Industry
Stephen E. Siwek recently completed a study that quantifies the economic contributions of the US entertainment software industry. The industry added $3.8 billion to US Gross Domestic Product and directly employed over 24,000 people. The industry’s real annual growth rate was over 17%. The study, “Video Games in the 21st Century: Economic Contributions of the US Entertainment Software Industry,” was released by the Entertainment Software Association.
Circuit Court Upholds Denial of Class Certification
The Third Circuit Court of Appeals upheld the District Court’s denial of class certification in American Seed Company, Inc. v. Monsanto Company. The Circuit Court agreed that the testimony of plaintiffs’ economic expert was insufficient to establish the existence of the class. At the District Court level, William C. Myslinski had submitted extensive expert analysis in opposition to class certification on behalf of defendant Monsanto. The court accepted Dr. Myslinski’s arguments that the market for seed is highly individualized and that the plaintiffs had not explained how differences among types of purchasers were insubstantial with respect to commonality and typicality. Kent W Mikkelsen and Allison M. Holt assisted Dr. Myslinski. Howrey LLP represented Monsanto.
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