Mathis Wagner was retained as testifying expert on behalf of Associates in Nephrology (AIN) in DaVita Inc. v. Associates in Nephrology in a breach of contract case. AIN filed a counterclaim against DaVita, claiming that their original agreement was anticompetitive. Dr. Wagner analyzed issues of market definition, market power, theory of harm, and competitive effects of the noncompete and non-solicitation clauses in employment agreements between the parties. The parties settled shortly before the trial began.

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