Richard Wolfram, Esq.

Current and recent work includes representation of: 

• A healthcare provider in federal suit alleging exclusive dealing, tying and monopolization (2012-13);
• An educational technology company regarding tying and intellectual property misuse claims (2012-13);
• A styrofoam food service products recycling company in a federal suit alleging a concerted refusal to deal (on appeal in the First Circuit) (2012-13);
• An office products manufacturer objecting to the $500M+ 3M-Avery Denison office products merger, which the parties withdrew in the face of a DOJ suit to enjoin the merger (2012);
• A European-based multinational manufacturer and developer of set-top box technology regarding $5B Cisco-NDS merger (approved by DOJ) (2012);
• Health care products supply chain trade association -- antitrust compliance counseling (2012);
• Multinational liquor bottler -- counseling on joint venture, interlocking director and other antitrust issues (2013);
• Flash memory technology manufacturer regarding alleged patent misuse and antitrust violations by patentee through licensing practices;
• A trade association regarding possible collusion to limit competition from association members;
• European-based manufacturer of hydroponics -- counseling on distribution;
• The American Antitrust Institute, the Consumer Federation of America and the Public Patent Foundation, as principal author of an amicus brief submitted to the U.S. Supreme Court in support of the FTC’s petition for certiorari in its antitrust standard setting case against Rambus, Inc.  (The Court denied the petition in Feb. 2009.);
• Physician and patient association complainants with respect to antitrust investigation and settlement (May 1, 2008) by the Connecticut Attorney General of alleged abuse of standard setting in the development of guidelines by the Infectious Diseases Society of America for the treatment of Lyme disease, including ongoing issues regarding the application and implementation of the settlement agreement;
• The American Antitrust Institute, in a petition to the FTC regarding alleged antitrust patent ‘hold-up’ through standard setting of federally mandated digital television conversion (see media links here and here) and in a public comment to the FTC regarding settlement with Negotiated Data Solutions (with David Balto);
• A computer technology manufacturer, regarding patent misuse by technology patentee;
  
• Manufacturer-putative licensee, regarding possible antitrust claims against technology developer for patent hold-up in standard setting;
• Major t-shirt manufacturer -- counseling on distribution;
  
• Plaintiff-competitor of major aggregator of bank rate information, in a pending antitrust suit in federal district court in New Jersey alleging monopolization and other horizontal and vertical distribution violations;
• A European national tennis federation-member of the Association of Tennis Professionals (ATP), the leading men’s professional tennis association, as unnamed (“John Doe”) defendant in a federal suit against the ATP alleging concerted refusal to deal by the association and its members, resulting in demotion of plaintiff’s tournament to lower level competition within the association;
  
• Various financial investment firms regarding government antitrust investigations of pending mergers (merger arbitrage), e.g., FTC investigation of WholeFoods/Wild Oats merger; DOJ investigation of merger in steel industry;
  
• A major U.S. video rental and retail provider in a Hart-Scott-Rodino (HSR) second request investigation.

Previous antitrust work includes representation of:   

• Plaintiffs in a putative class-action price-fixing case;
• A telecommunications company in an HSR second request investigation of a major wireless communications merger;
• A UK manufacturer of wood preservative products in an HSR second request investigation and in follow-up private litigation;
• A rival software manufacturer and consortium of software manufacturers, in white papers and briefs with respect to the Department of Justice suit against Microsoft;
• A fiber optic communications company, on an antitrust counterclaim to a patent infringement suit;
• A major insurance company in a putative class-action price-fixing suit in Alabama state court;
• Companies in a variety of market sectors, on compliance counseling and presentations;
• Various existing and prospective joint ventures, regarding exclusionary access, standards-setting and related antitrust issues;
• A Japanese manufacturer, regarding patent misuse and licensing; and
• A major trade association, regarding membership rules.