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Monopolization and vertical restraints

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Bates White is a leader in the analysis of conduct related to allegations of monopolization, monopoly maintenance, and other restraints of trade. Our experts assess competitive effects, identify efficiencies, define relevant markets, and measure market power in some of the most prominent and challenging Sherman Act Section 1 and Section 2 disputes. We advise clients on a wide range of business practices including allegations of bundling, aftermarkets abuse, predation, patent misuse, loyalty rebates, exclusionary practices, raising rivals’ costs, and refusals to deal. A number of our clients are party to high-stakes antitrust disputes in many countries, including cases requiring coordination across multiple jurisdictions.

Selected Work

  • In United States v. Google, testified on behalf of the Department of Justice, addressing the role of Google's distribution contracts in foreclosing rivals from access to search queries.
  • In Apple Inc. v. Qualcomm Inc., submitted two expert reports on behalf of Apple, which alleged that Qualcomm used its dominant position as a supplier of baseband modem chipsets to effectuate anticompetitive standard essential patent licensing practices, charge non-FRAND (fair, reasonable, and non-discriminatory) royalties, and foreclose competition. 
  • Submitted expert rebuttal report, responding to both liability and damages opinions, on behalf of Williams International in an arbitration proceeding involving allegations of unlawful tying and abuse of monopoly power.
  • In the matter Arista Networks, Inc., v. Cisco Systems, Inc., supported testifying expert on behalf of Arista to evaluate the effect of Cisco’s alleged antitcompetitive conduct on the Ethernet switch market. 
  • Retained by Amex in connection with DOJ's investigation and subsequent lawsuit as well as private litigation against Amex.
  • Provided expert testimony on behalf of Songkick in Complete Entertainment Resources LLC v. Live Nation Entertainment, Inc., et al., its antitrust suit against Ticketmaster and its parent company Live Nation.
  • In the matter ZF Meritor v. Eaton, a case involving certain heavy-duty truck components, testified at trial on behalf of the plaintiffs.

  • Served as lead consulting expert in Monsanto v. DuPont.
  • Provided support for expert testimony on damages on behalf of American Airlines in American Airlines v. Sabre, a suit filed in Texas state court. 
  • In Kolon v. DuPont, testified on behalf of E.I. du Pont de Nemours and Company on the competitive effects of DuPont’s para-aramid supply agreements in response to an antitrust suit brought by Kolon Industries.
  • Served as the lead expert on behalf of AMD in the landmark microprocessor antitrust case AMD v. Intel

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