Michael Keeley Cornerstone Research Economic and

Financial Consulting and Expert Testimony Antitrust and

Competition Litigation and Regulation | Cornerstone Research

Antitrust and Competition Cornerstone Research provides economic analysis

for litigation and regulatory matters involving proposed mergers and allegations

of anticompetitive horizontal conduct or monopolization. We have worked on

class certification, liability, and damages in a range of industries, including

technology, financial institutions, agriculture, telecommunications, and

pharmaceuticals. Our staff and experts also have experience with cases at the

intersection of antitrust with intellectual property and involving labor and

financial markets.

PRACTICE DETAILS

Price Fixing and Horizontal Conduct

Our experience in matters involving allegations of anticompetitive horizontal

conduct includes cases in which plaintiffs alleged price fixing, agreements to

allocate territories or customers, or group boycotts. We have worked on major

cases for the joint defense and for individual clients including recent cases

involving milk, credit card interchange fees, LCDs, CRTs, fuel surcharges, auto

parts, and LIBOR. In these and other assignments, we have assessed the

economic incentives of the alleged participants, tested hypotheses that

distinguish competitive from collusive behavior, and assessed the likelihood and

quantum of damages.

https://www.cornerstone.com/Staff/Michael-Keeley

Illustrative cases include:

Southeastern Milk Antitrust Litigation

In re Flash Memory Antitrust Litigation

SRAM Antitrust Litigation

Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

In re International Air Transportation Surcharge Antitrust Litigation

Compensation of Managerial, Professional and Technical Employees

Antitrust Litigation

In re NASDAQ Market-Makers Antitrust Litigation

Aguilar et al. v. Atlantic Richfield Corporation et al.

In re High Fructose Corn Syrup Antitrust Litigation

Monopolization and Exclusionary Practices

We have analyzed claims of monopolization, tying, exclusive dealing, and

anticompetitive pricing practices, such as loyalty or volume discounts and

bundled rebates. We have assessed whether these practices can be attributed

to competition among firms, are the result of hard bargaining between buyers

and sellers, and have efficiencies that outweigh any potential harm to

competition. Our recent experience includes cases involving high-technology

products, pharmaceuticals, airlines, and energy.

Illustrative cases include:

American Express Travel Related Services Company, Inc. v. Visa USA,

Inc., et al.

Microsoft Antitrust Litigation

E.I. du Pont de Nemours and Company v. Monsanto Company

Stacie Somers v. Apple, Inc.

Leegin Creative Leather Products, Inc. v. PSKS, Inc.

In re Ovcon Antitrust Litigation

California Wholesale Electricity Antitrust Litigation

Spirit Airlines, Inc. v. Northwest Airlines, Inc.

Thales Avionics, Inc. v. Matsushita Avionics Systems Corporation

Mergers and Acquisitions

We have analyzed the potential competitive effects of horizontal and vertical

mergers in the context of government investigations and private litigation in the

United States and Europe. We apply economic theory to define relevant

markets, identify close competitors, determine competitive interactions, analyze

potential price impacts and potential for foreclosure, and assess whether there

are efficiencies associated with the proposed collaboration.

Our recent merger work includes:

Google’s Purchase of ITA Software

Comcast–NBC Universal Joint Venture

Intel–McAfee Merger

InBev’s Acquisition of Anheuser-Busch

CoStar Group–LoopNet Merger

Google–AdMob Merger

Thoratec–Heartware

Class Certification

Cornerstone Research has worked on many direct and indirect purchaser class

certification matters. Our case experience and analytical breadth enables us to

meet the changing demand for rigorous empirical and conceptual assessment of

both the questions of common impact and common proof and of the merits

issues that bear on those questions. Recently, we have assisted counsel in

matters involving mobile devices, computer components, software,

automobiles, and employment practices.

Illustrative cases include:

In re Skelaxin (Metaxalone) Antitrust Litigation

In re Flash Memory Antitrust Litigation

In re Cigarette Antitrust Litigation

Stacie Somers v. Apple, Inc.

Polyester Staple Antitrust Litigation

S&M Farm Supply v. Pharmacia Company and Monsanto Company

Verdin v. R&B Falcon Drilling, U.S.A., Inc., et al.

In re Sorbates Direct Purchase Antitrust Litigation

In re Optical Disk Drive Antitrust Litigation