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Toronto
Canada

Consulting

Through Core Research, I have been involved in antitrust regulatory and intellectual property consulting for twenty years. I have submitted expert testimony in the United States, Australia and New Zealand in a variety of matters ranging from antitrust harm to copyright negotiations to damages calculations. My industry experience includes computing technology, electricity, gas, rail, and telecommunications. My recent clients have included the Federal Trade Commission as chief economic expert in the Intel matter, Microsoft, Amdocs and Forescue Metals. 

For more details contact me here.


Long-term Associations 

  • Brattle Group (January 2015 - )

  • CoRE Research (June, 2001 - September, 2014)

  • Australian Competition and Consumer Commission (October, 1999 – June 2000; March 2006 – December 2007)

  • Charles River Associates, Senior Consultant (August 2002 – August 2005)

  • The Economist Advocate (February, 1999 – June 2002)

  • London Economics, Australia (February 1997 - May, 1999)

Litigation and Witness Statement Preparation 

  • Expert witness on copyright dispute for arbitration with respect to software and apps provided to telecommunications companies (2013-14).

  • Expert witness in class action against Whirlpool Ltd in Ohio on damages associated with damaged front-loading washing machines (2013 - 2014).

  • Chief economic expert witness to the Federal Trade Commission on its antitrust claim – exclusionary conduct and abuse of market power – against Intel (2009-2010).

  • Expert witness advice to Fortescue Metals Group in the Mt Newman declaration decision against BHP-Billiton, Australian Competition Tribunal (June 2007 – December 2009).

  • Expert Witness Affidavit and Deposition on behalf of Third Wave Ltd in antitrust litigation in the HPV testing market against Digene Ltd in the US Federal Court, Wisconsin (August 2007 – January 2008).

  • Expert witness advice to the WA Potato Marketing Corporation in a constitutional dispute (July 2007 – January 2008)

  • Expert witness advice to the ACCC on an Australian Copyright Tribunal dispute involving Fitness Australia and PCMA (May 2007 – April 2009)

  • Expert witness statement construction on behalf of Foodstuffs NZ in Court proceedings with the NZCC on a potential acquisition of The Warehouse (August, 2007 – July 2008)

  • Expert Witness Testimony on behalf of Victorian Chicken Meat Processors on the collective boycott authorisation for chicken growers at the Australian Competition Tribunal (July 2005 – November 2005).

  • Expert Witness Testimony on behalf of ARA on hazardous waste trade in the Administrative Appeals Tribunal (December 2002 – February 2003).

  • Expert testimony for TXU in appeal at the Victorian Supreme Court over the ORG’s electricity pricing determination (March, 2001).

  • Expert witness at Appeal Tribunal for United Energy appealing the Office of the Regulator General’s Determination on prices for electricity distribution in Victoria (October, 2000)

  • Expert witness at the Administrative Appeals Tribunal for the Australian Communications Authority on dispute with Cable and Wireless Optus over local number portability requirements (August, 1999)

  • Advice to ACCC on trade practices matter against Safeway (July, 1998 – August,, 1999)

  • Advice to ACCC on predatory pricing case against Boral (April, 1998 – February, 2000)

  • Assistance to Professor Philip Williams in preparation of expert witness statement for Australian

  • Competition Tribunal consideration of the authorisation of the Australian Performing Rights Association (January - August, 1998)

  • Report on damages calculation for misleading information case in the building industry (August, 1997)

  • Report on the economic theory of damages for price fixing violations (March, 1997)

  • Submission of competitive implications of Pay TV mergers in New Zealand (Nov 1996) 

Projects by Industry 

Electricity 

  •  Evaluation of a methodology for assessing market power in wholesale electricity markets in New Zealand for the Commerce Commission (June 2008).
  • Economic advice to the ACCC on the proposed AGL-TRU Energy electricity asset swap in South Australian (March, 2007)
  • Economic advice to the ACCC on the partial acquisition of Loy Yang Power by AGL (November – December 2003).
  • Expert testimony for TXU in appeal at the Victorian Supreme Court over the ORG’s electricity pricing determination (March, 2001).
  • Report critiquing the form of regulation of Victorian electricity distribution, on behalf of United Energy (September - October, 2000).
  • Participation in a training program for Macquarie Generation (December, 1999)
  • Economic analysis of electricity generating asset in preparation for a bid (March, 1999)
  • Analysis of a contract for sale of electricity to a smelter project (February, 1999)
  • Report on NEMMCO pricing principles for the National Retailers Association (September, 1998)
  • Analysis of gaming the National Electricity Market Rules (February, 1998)
  • Analysis of proposal for allocation of power purchasing agreements in Queensland (December, 1997)
  • Analysis of vesting contract arrangements for the Queensland Electricity Reform Unit (December, 1997)
  • Analysis of proposals for electricity transmission pricing in Queensland (September, 1997)
  • Report on options for electricity industry reform in Western Australia (September, 1997)
  • The role of greenhouse gas regulation on electricity pool behaviour (July, 1997)
  • Advisor to Queensland Electricity Reform Unit: review of generator market strategies in the NEM and the implications of contracts (May 1997 - November, 1999).
  • Bid for Loy Yang: report on the implications of market power for asset values (October-February 1997);
  • ETSA Generation: report on the regulation of market power (August, 1996);
  • NSW Electricity: report to ACCC on potential for anti-competitive behaviour (March - April, 1996)

Gas 

  • Analysis of a proposed AGL-Alinta arrangement on behalf of the ACCC (May, 2006).
  • Submission on behalf of Envestra to the Queensland Competition Authority regarding its determination on regulated prices for Queensland's gas distribution network (March - April, 2001).
  • Analysis of the competitive implications of a gas contract for electricity generation (March, 1998).
  • Advice on the use of electricity prices in gas supply contracts to generators (May, 1997).
  • Evaluation of R.J. Rudden report on AGL’s cross subsidies (April, 1997)
  • Gas transmission pricing: reviewed IPART gas transmission submission on behalf of BHP (October 1996-April 1997);
  • Gas market: report on the market power implications of the proposed Victorian gas market and examined alternative market arrangements (January-March 1997);
  • ETSA Gas: reports on appropriate pricing of gas in electricity use (April, 1996);

Telecommunications

  • Economic advice to the ACCC of mobile termination pricing (September 2007)
  • Economic advice to the NZCC on imputation tests in telecommunications (April 2007)
  • Economic advice to the ACCC on the copper tails pricing by the G9 (August, 2007)
  • Economic advice to the ACCC on Telstra’s ULLS undertakings (May – August 2006)
  • Economic advice to the NZCC on a 0867 dispute with Telecom NZ (2006).
  • Submission to the ACCC on behalf of AAPT in relation to the report by Professor Hausman on mobile termination (April 2005).
  • Submission to the ACCC on behalf of Hutchison Telecommunications in respect of its mobile services review (July 2003).
  • Submissions to the ACCC on behalf of AAPT in respect of Telstra’s proposed PSTN undertakings (June 2003).
  • Advice to Hutchison telecommunications on bundling in Pay TV markets (June 2002)
  • Advice and analysis to AAPT with regard to its interconnection pricing dispute with Telstra at the Australian Competition Tribunal (April, 2001 – May, 2002).
  • Report submitted as part of SingTel submission to the ACCC evaluating the competitive implications of Vodafone’s undertakings with respect to its proposed bid for C&W Optus (February, 2001).
  • Research report for ACCC on Mobile termination of fixed line calls (December, 1999)
  • Research report for ACCC on PSTN termination by non-dominant networks (December, 1999)
  • Expert witness for the Australian Communications Authority/ACCC in a matter against Cable and Wireless Optus at the Administrative Appeals Tribunal on local number portability (August, 1999)
  • Advice to ACCC on commercial churn matter against Telstra (March, 1999 – January, 2000)
  • Analysis of criteria for declaration of intercity transmission lines in telecommunications (ACCC); (March, 1998)
  • Report on contracting arrangements in telecommunications (October, 1997)
  • Report on local number portability and technology adoption for Telstra (November, 1996) 

Banking and Financial Services 

  • Economic advice to Suncorp on proposed acquisition of Promina (October – November 2006).
  • Submission to the ACCC on behalf of Cash Services Australia regarding the share acquisition by National Australia Bank (October 2005).
  • Submission to the ACCC on behalf of First Data with regard to its acquisition of CashCard (November 2003 – January 2004).
  • Research report and assistance to the National Australia Bank in assessing the competitive implications and regulatory options for the setting of interchange fees in credit card associations (March, 2000 – March 2001).
  • Examination of theoretical arguments regarding horizontal mergers in Australian banking industry (March, 1997 and May, 1998)
  • Analysis, on behalf of Lend Lease, of submission to the ACCC for a joint venture between Lend Lease and National Mutual (November - December, 1997)
  • Report on access to the electronic payments system for the National Australia Bank (March - July, 1998).

Pharmaceuticals 

  • Advice to Mayne Healthcare on wholesale reform under the Pharmaceutical Benefits Scheme (February 2002).
  • Advice to the National Pharmaceutical Services Association on the changes to the wholesale margin in the Pharmaceutical Benefits Scheme (May 2001 - June 2001).
  • Advice to Faulding Healthcare on implications of COAG review of the pharmaceutical industry (April, 1999 – June, 1999)
  • Economic analysis, on behalf of Faulding, of the competition issues surrounding a proposed takeover of AMCAL by Faulding Retail (September, 1998).
  • Report on merger authorisation for Sigma and QDL(Nov, 1996)

Other 

  • Economic advice to Microsoft on antitrust matters (January – December, 2012)
  • Economic advice to Microsoft on patent royalties (May, 2012 -)
  • Economic advice to US Airways on online travel retailing (February – May 2012)
  • Economic advice to Foodstuffs (NZ) on a potential merger with The Warehouse (July-August, 2007).
  • Economic advice to the NZCC on a dispute between Pete’s Post and NZ Post on a s36 matter (March, 2007).
  • Economic advice to Visy on price fixing matters and damages calculations (October 2006 - 2008).
  • Advice to Metcash on the potential acquisition by Woolworths of an IGA Outlet in Jindabyne (June 2007 –August 2007)
  • Economic advice to the ACCC on a proposed acquisition by Video Easy of Blockbuster (June – August, 2007)
  • Economic advice to Leighton Holdings on a contract dispute with the WA Government (May – July 2007).
  • Economic advice to the ACCC on exclusionary conduct by Nestle (October, 2006 – January 2007)
  • Economic advice to OneSteel on proposed acquisition of Smorgon Steel (June – June 2007).
  • Economic advice to ACCC on definitions of regulatory risk (June, 2006).
  • Economic advice to VicForests on proposed auction designs (2006)
  • Economic advice to Barloworld on their proposed acquisition of Wattyl (October 2004 – June 2006)
  • Economic advice to the ACCC on Alinta’s proposed acquisition of AGL (May 2006)
  • Submission on behalf of CSR on exclusive dealing arrangements of James Hardie (February 2006)
  • Economic advice to the ACCC on Toll’s proposed acquisition of Patrick (October 2005 – March 2006)
  • Economic advice to the ACCC on Patrick’s proposed acquisition of FCL (July – September, 2005).
  • Submission to the IPART review of rents for Crown Land for Broadcast towers on behalf of Broadcast Australia (May 2005).
  • Economic advice to Pacific Brands on the proposed acquisition of Joyce by Dunlop Foams (September 2004 – January 2005).
  • Economic analysis of smash repairs and insurance for Consumer Affairs Victoria (September, 2004).
  • Analysis of exclusive dealing claim by Peter Stevens Motorcycles against Kawasaki on behalf of Kawasaki (July – October 2004).
  • Report for the MTAA on shopper docket schemes in petrol retailing (August 2004).
  • Economic advice to Boral on its proposed acquisition of Adelaide Brighton and litigation against the ACCC (May 2004 – October 2004).
  • Work for AWBI on the value of the single desk and its performance in wheat marketing (September 2003 – September 2004).
  • Report for Medibank Private on the economic case for a private health insurance rebate (October 2002 – February, 2003).
  • Submission to Productivity Commission on behalf of Adsteam Marine Ltd on harbour towage regulation (May – June 2002).
  • Submission to ACCC on behalf of Adsteam Marine Ltd on capital cost calculations in harbour towage pricing (April 2002).
  • Evaluation of the single desk selling of dairy products on behalf of the Australian Dairy Corporation (September 2001).
  • Advice to the ACCC on competition issues associated with B2B E-Commerce (August - September, 2001).
  • Submission to the Victorian Treasury on the role of economic regulation and supply security in the proposed Essential Services Commission, on behalf of the Regulated Businesses Forum (October, 2000).
  • Submission to the Competition Review of the Wheat Marketing Act on behalf of AWB Limited (March - August, 2000).
  • Analysis of the Victorian Freight Rail access pricing regime for Freight Australia (July, 2000).
  • Paper for Inquiry into Intellectual Property on behalf of APRA (November, 1999).
  • Competitive Analysis of the proposed acquisition of Hymix by Pioneer (December, 1998)
  • Analysis of access pricing principles for interstate rail (ACCC); (December, 1997)
  • Assistance to Fairfax on submission to Productivity Commission on broadcast regulation (April, 1999);
  • Report on supply security in electricity, gas and water (December, 1998)
  • Analysis of merger between two oil refineries (August, 1998)
  • Report on the Efficient Allocation of Digital Spectrum for John Fairfax Holdings Ltd (February, 1998)
  • Report on product standards for electrical appliances in Victoria (March, 1997)
  • Report on social implications of a merger for the provision of radiology services in Queensland (Jan 1997)
  • Report on infrastructure access dispute in aluminium mining (November, 1996).
  • Freight Rail Corp (NSW): Access dispute resolution with IPART (October 1996).
  • Rationale for group negotiations for regional medical practitioners (September, 1996).
  • Air NZ: theoretical work on the efficiency of access pricing by airports (March - April, 1996);
  • Local Government Reform in Tasmania: developing a conceptual framework for the re-organisation of governmental responsibilities among local and state governments (February - May, 1996).
  • New South Wales Taxation Authority: Demand conditions in swimming pool construction (December, 1994).