EI News and Notes Fall 2016

Monopolization Claim Rejected

EI Chairman Barry C. Harris testified in federal court in Madison, Wisconsin on behalf of Inguran, LLC and XY LLC on antitrust liability issues. Inguran and XY were rebutting antitrust claims filed by ABS Global Inc. ABS alleged monopolization in a market for sexed bovine semen processing. Dr. Harris testified concerning market definition and competitive effects. He presented evidence of declining prices, increasing quality and increasing sales of the products involved in the case. Dr. Harris also testified about the role of patents and long-term contracts in competition. The jury found for Inguran and XY. EI economists Stephanie Mirrow, Michael Baumann, and Allison Holt worked with Dr. Harris. Inguran and XY were represented by Akin, Gump, Strauss, Hauer & Feld.

Court Certifies Class

The U.S. District Court in Atlanta recently certified a consumer class in an antitrust case alleging that Delta Airlines and AirTran Airways colluded to impose baggage fees. EI Principal Hal J. Singer testified for the class and presented econometric evidence supporting the plaintiffs’ arguments of common injury. The court rejected a motion to exclude his testimony on Daubert grounds. Dr. Singer was assisted by EI Senior Economist Kevin W. Caves. Plaintiffs were represented by the firms of Kotchen & Lowe and Berger & Montague, among others.

Six EI Economists in Who’s Who of Competition Lawyers and Economics

Principal William Hall, Board Chairman Barry Harris, Principal Joseph McAnneny, Principal William Myslinski, Principal Philip Nelson and Special Consultant Bruce Owen are included in the latest edition of The International Who’s Who of Competition Lawyers and Economists 2016. Economists are selected for inclusion based on Global Competition Review’s independent surveys of general counsels and private practice lawyers worldwide.