Litigation & Regulation Support
Strategy, Analysis and Expert Testimony for Businesses & Law Firms
Bay Analytics is well-versed in the application of microeconomics to legal and regulatory issues. Our principals have both relevant academic training and real-world experience gained at regulatory agencies and regulated companies. We apply these strengths through antitrust, damages, energy, telecommunications and intellectual property assignments and utility rate proceedings. We employ the most up-to-date economic thinking in performing our analyses; craft market-based arguments using
financial and industry data; and present findings in terms that can be understood by judges, juries, and enforcement agencies.
The protection of intellectual property has received increased attention in recent years due to its growing importance for productivity and competitiveness. Infringement cases are being brought both by firms that wish to protect their productive capabilities and by patent holders who seek to generate revenue through the threat of litigation. Intellectual property protection is also a trade issue, in that the level of intellectual property protection varies among foreign countries.
Despite the clarity of a given damages theory, the calculation of intellectual property damages may involve sophisticated economic analysis. Transactions take place in markets, and reconstructing those markets as they would have looked "but for" infringement sometimes years in the past calls for an ability to understand market conditions as they previously existed.
Bay Analytics' intellectual property work involves estimating infringement damages; advising corporate managers on product development, licensing, and patent protection strategies; determining the costs and benefits of alternate I.P. approaches; and thinking through the implications of such matters as business method patents.
Bay Analytics is experienced in applying microeconomics to antitrust issues in both litigation and business planning contexts. In addition to supporting clients in legal and regulatory disputes, we have evaluated the antitrust implications of competitive firms' actions, including:
We have experience in determining antitrust damages and can assist in: developing corporate policies to avert antitrust issues, evaluating whether regulators are likely to challenge proposed mergers, and providing economic advice to attorneys whose clients are considering formal antitrust complaints.
- apparent coordinated pricing behavior such as price fixing;
- alleged monopolization and attempted monopolization through predatory or exclusionary conduct;
- vertical issues such as those relating to distribution practices and the imposition of vertical restraints;
- issues involving price discrimination.
Telecommunications, Networking & E-commerce
The telecommunications and electronic commerce sectors continue to evolve in response to technological advances and regulatory reforms. Traditional competitors can no longer limit their efforts to the business categories of wireline, wireless, cable, and broadcast communications; nor can younger data networking, content- and service-delivery firms afford to stand still while the Internet evolves. Building upon our corporate experience with such companies as Pacific Telesis and AirTouch Communications, we help clients understand the strategic implications of the technological, regulatory, and market changes that are shaping telecommunications and altering the nature of international business.
Our telecommunications assignments range from providing expert testimony and litigation research to formulating alternative approaches for meeting challenges in specific service segments. We analyze the impacts of alternative initiatives; identify courses of action that will result in favorable outcomes; and support these actions by advising on the implementation of specific programs and policies.
We also assist clients through our comprehensive understanding of the economics of the Internet and electronic commerce. Over a relatively few years, the Internet has grown into an international conduit for public communication, marketing, entertainment, data interchange, and commerce. While the technological developments in computing and telecommunications that drive Internet growth continue to advance rapidly, both providers' and users' comprehensions of the Internet as an economic phenomenon lag. We have bridged this gap in our Business Profitability & Effectiveness and Market Opportunity Assessment & Tactics practices, as well as in Litigation & Regulation Support assignments in the following areas:
Representative Litigation & Regulation Assignments
- Antitrust Analysis & Problem Prevention
- Internet and E-commerce Economics
- Legal and Regulatory Strategy, Analysis, & Testimony
- Regulatory Cost Minimization
- Regulatory Issue Management
Pre-litigation market analysis to determine whether a client firm's rival was engaging in anticompetitive tying, non-price predation, or anticompetitive block booking with regard to offering a business utility software product.
Testimony defining a major pipeline operator's relevant product and geographic markets, analyzing the competition and pricing structure within those markets, and refuting the market power claims made by plaintiffs in a private antitrust action.
Testimony, based on an analysis of tariffed telephone rates, presenting both damages and the methodology used to estimate them and demonstrating that members of a consumer class paid excessive rates for long-distance telephone service.
Testimony before the California Public Utilities Commission concerning: affiliate transactions; women, minority, and disabled veteran business enterprises; construction/modification of cellular telephone transmission sites; introduction of cellular service promotions; convening of customer service trials; establishment and withdrawal of wireless services and features; modification of state tariffs to reflect changes in provider prices, terms, conditions, and technology.
Testimony before the Federal Communications Commission concerning: universal telephone service; caller-paid cellular telephone service; implementation of the Telecommunications Act of 1996; interconnection; and non-structural safeguards.
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