Representative Matters

Mr. Wolfram has represented companies and other entities on antitrust matters in such industries as agriculture, telecommunications and media, electricity, financial services, computers and information technology, manufacturing and production, pharmaceuticals and healthcare, and sports. He represents both plaintiffs and defendants in litigation.

Recently, on behalf of private clients and antitrust and intellectual property policy groups, Mr. Wolfram has been particularly active in advocacy to government antitrust enforcement agencies on several high-profile standard setting matters. These include the filing in March 2008 of a petition to the Federal Trade Commission on behalf of the American Antitrust Institute alleging patent ‘hold-up’ by licensing company Rembrandt Inc. with respect to the federally mandated, nationwide conversion to digital television, and representation of various complainants in an investigation by the Connecticut Attorney General (commenced in November 2006, settled in May 2008) regarding alleged abuse of the development of medical guidelines for the treatment of Lyme disease. (See below.) Each of these matters is notable for the innovative application of fundamental antitrust principles as a means to redress alleged consumer harm.

Current or recent antitrust work includes representation of:

• 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 (see summary, settlement agreement, press release and related articles here);
• The American Antitrust Institute, in a petition to the FTC regarding alleged antitrust patent ‘hold-up’ of federally mandated digital television conversion (see AAI - Rembrandt petition, related GCR article) (with David Balto) and in public comment to the FTC regarding its proposed settlement with Negotiated Data Solutions of antitrust patent ‘hold-up’ allegations (see AAI N-Data) (with David Balto);
• A computer technology manufacturer regarding patent misuse by technology patentee;
• Putative licensee regarding possible antitrust claims against telecommunications technology developer for patent hold-up in standard setting;
• A major textile manufacturer, for counseling on distribution issues;
• Plaintiff-competitor to Bankrate, Inc, which consolidates and disseminates bank rate information, in an antitrust suit in federal district court in New Jersey against Bankrate (motion to dismiss by Bankrate denied 7/08 );
• A European national tennis federation-member of the Association of Tennis Professionals (ATP), the leading international tennis association, as an unnamed (“John Doe”) defendant in a federal suit against the association alleging concerted refusal to deal by the association and its members, resulting in demotion of plaintiff's tournament to lower level competition within the ATP;
• Various financial investment firms regarding government antitrust investigations of pending mergers (merger arbitrage consulting -- 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.

• 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;
• A major trade association, regarding membership rules.