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Pittsburgh Hospital Merger
David A. Argue, with the assistance of Laura A.
Malowane, provided economic analysis for the parties in
UPMC’s recent acquisition of Mercy Hospital Pittsburgh. The
FTC allowed the transaction after a Second Request
investigation that considered issues such as geographic
market, the constraints already imposed on UPMC by West Penn
Allegheny Health System, and reductions in the level of
Mercy’s tertiary services. Jones Day and Drinker Biddle
represented UPMC. Buchanan Ingersoll represented Mercy.
Economic Study of the Entertainment Software Industry
Stephen E. Siwek recently completed a study that
quantifies the economic contributions of the US
entertainment software industry. The industry added $3.8
billion to US Gross Domestic Product and directly employed
over 24,000 people. The industry’s real annual growth rate
was over 17%. The study, “Video Games in the 21st Century:
Economic Contributions of the US Entertainment Software
Industry,” was released by the Entertainment Software
Association.
Circuit Court Upholds Denial of Class
Certification
The Third Circuit Court of Appeals upheld the District
Court’s denial of class certification in American Seed
Company, Inc. v. Monsanto Company. The Circuit Court
agreed that the testimony of plaintiffs’ economic expert was
insufficient to establish the existence of the class. At the
District Court level, William C. Myslinski had submitted
extensive expert analysis in opposition to class
certification on behalf of defendant Monsanto. The court
accepted Dr. Myslinski’s arguments that the market for seed
is highly individualized and that the plaintiffs had not
explained how differences among types of purchasers were
insubstantial with respect to commonality and typicality.
Kent W Mikkelsen and Allison M. Holt assisted Dr. Myslinski.
Howrey LLP represented Monsanto.
Additional Articles in Summer 2008 Issue of
Economists Ink
DOJ Decides Not to Challenge
the XM-Sirius Merger
Digital Television May Stimulate Video Competition
Granting Preliminary Injunctions to Branded Pharmaceutical Suppliers to Stop Generic Entry
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