Declaration of Frank M. Fisher : U.S. v. Microsoft Corporation

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

DECLARATION OF
FRANKLIN M. FISHER

DECLARATION OF FRANKLIN M. FISHER

1. Background

    

   1. Qualifications

       

      1. I am Professor of Economics at the Massachusetts Institute of Technology, where I have taught for more than 38 years. I am also a director of the National Bureau of Economic Research and a member of the Steering Committee of the Institute for Social and Economic Policy to the Middle East, John F. Kennedy School, Harvard University. I received my A.B. from Harvard University in 1956, and ray Ph.D. in Economics from Harvard University in 1960.

          

      2. I am a fellow and past president of the Econometric Society and for nine years was the editor of that society's journal, Econometrica. I am a member of the American Economic Association, from which I received the John Bates Clark Award; a fellow of the American Academy of Arts and Sciences; and a recipient of a John Guggenheim Fellowship.

          

      3. My fields of specialization within economics are industrial organization, microeconomics, and econometrics. I am the author of 16 books and well over 100 articles. In the course of my scholarly research and my consulting works I have studied issues of competition and monopoly in a large number of industries. I have written extensively in the area of antitrust economics. I have provided expert consultation and testimony in numerous antitrust cases and have testified at trial, in deposition, or by affidavit in more than 40 cases in the last 10 years. These cases are listed in my curriculum vitae, which is attached as Exhibit I.

          

      4. I was for many years IBM's chief economic witness in US v. IBM (dismissed, 1982) and associated cases. This work is discussed in two of my books.

    

   2. Nature of Retention

       

      1. I have been asked to provide my expert economic opinion about the competitive effects of a collection of Microsoft's actions centered around its Internet browser.

          

      2. I reserve the right to supplement this report with any opinions or results that I reach after further study, particularly if new or additional relevant information should become available. I also reserve the right to respond to any report or opinions that are offered by other parties to this litigation.

    

   3. Materials and Documents Reviewed

       

      1. As part of my analysis, I have considered deposition transcripts of Microsoft employees, deposition transcripts of employees of other companies in the computer industry, Microsoft agreements with third parties, Microsoft internal documents, and Other related documents and information.

    

2. Summary of Opinions

    

   1. The dominance of Microsoft's (MS) Windows 9x operating system in the market for operating systems for Intel-compatible desktop personal computers is protected, among other things, by what are sometimes referred to as network effects.

       

   2. MS has foreseen the possibility that the dominant position of its Windows operating system will be challenged by Internet browsers that are capable of supporting applications that are operating-system independent.

       

   3. Microsoft has taken anti-competitive actions to exclude competition in Internet browsers in order to protect the current dominance of its Windows operating system. For example, Microsoft has entered into restrictive agreements with personal computer (PC) manufacturers that require manufacturers to accept Microsoft's Internet browser with its Windows operating system and hinder manufacturers from promoting competing browsers. Moreover, Microsoft has made exclusionary agreements with Internet Access Providers (IAPs) and Internet Content Providers (ICPs).

       

   4. There is a substantial probability that these anti-competitive actions will permit MS to retain its power over price in operating systems and will inhibit development of MS-independent innovations. Both would harm consumer welfare.

    

3. Economic Analysis and Conclusions

    

   1. The dominance of Microsoft's (MS) Windows 9x operating system in the market for operating systems for Intel-compatible desktop personal computers is protected, among other things, by what are sometimes referred to as network effects.

       

      1. A network effect occurs when each person's benefit from using a product or technology increases with the number of other people who also use that product or technology.

          

      2. In a market characterized by network effects, it is typical for one technology eventually to become the standard, since some of the benefit of the technology is derived from others' use of it. For example, in video recorders (VCRs), the original competition between the VHS and Beta standards ended in tine disappearance of the Beta machines and tapes as an increase in the number and share of VHS recorders led to fewer and fewer tapes produced in Beta format.

          

      3. Operating systems are characterized by network effects. The primary reason for this is that, generally, application software written for a specific operating system cannot run on a different operating system without extensive and costly modifications or add-ons. As a result, a given user's ability to do things such as exchanging files with others, learning more from others about the capabilities of certain applications, or capitalizing on training in a particular operating system increases with the number of others who use the same operating system as does the given user. The network effect is reinforced by the fact that software developers tend to write applications for the most popular system, and the most innovative applications are thus available to users of the most popular system.

          

      4. Network effects have increased the desirability of Microsoft's Windows 9x for consumers. Once enough users had been attracted to Windows, that very fact made Windows even more desirable to further users.

          

      5. There is nothing inherently anti-competitive about this. However, network effects create high barriers to competition and entry in operating systems. This increases the risk that anti-competitive conduct by Microsoft will increase barriers even further. This will serve to entrench Microsoft's monopoly and thus significantly injure competition.

       

   2. MS has foreseen the possibility that the dominant position of its Windows operating system will be challenged by Internet browsers that are capable of supporting applications that are operating-system independent.

       

      1. The browsers produced by Netscape run on 17 different operating systems, including Windows, fee Apple Macintosh operating system, and various versions of the UNIX operating system.

          

      2. Applications can be developed that run on browsers and do not need to interact with the underlying operating system. For example, the same Web site page on the Internet World Wide Web can be viewed with browsers running on Windows, the Apple Macintosh operating system, or the UNIX operating system. Because applications running on the browser are not operating-system specific, the Netscape browser could undermine the network effects that are currently enjoyed by the MS operating system. This in turn would eliminate the barrier to entry in the operating systems market created by network effects. With enough applications written to be operating-system independent, users might cease to care whether they had the same operating system as did many others.

          

      3. Microsoft's own documents show an awareness of browsers as a serious threat to the dominance of the Windows operating system, and its executives have stated in depositions and internal documents their concern about browsers.

       

   3. MS has taken anti-competitive actions to exclude competition in Internet browsers in order to protect the current dominance of Its Windows operating system.

       

      1. Microsoft recognizes that it can protect its dominant position in the PC operating systems market by gaining and keeping a large share of the business in browsers.

          

         1. If Microsoft were to exclude competition in browsers, it would not be compelled by competitive pressure to ensure that its Internet Explorer browser (IE) could run on operating systems other than Windows. Moreover, Microsoft would not be compelled by competitive pressure to support applications that are not tied to the Windows operating system.

             

         2. In this situation, if Microsoft decided to support only Windows-based technology, developers would have incentive to create applications that run best on Windows. Applications would be operating-system specific again, and the resulting network effect would continue to protect Microsoft's share in operating systems.

          

      2. Microsoft has promoted the distribution and use of IE by entering into restrictive agreements with PC original equipment manufacturers (OEMs)¹. The agreements require PC manufacturers who want to preinstall Windows 98 on their machines to also preinstall Microsoft's Internet Explorer. The agreements also limit the ability of OEMs to promote other browsers.

          

         1. Typically, the agreements require that licensees may not modify or delete any of the product software. This prevents OEMs from removing any part of IE, including the visible means of user access to the IE software, such as the IE icon on the Windows desktop or the IE entry in the "Start" menw.²

             

         2. Typically, the agreements stipulate that licensees may not modify or obscure the appearance of the start-up or desktop screens. While licensees may add icons or folders on the desktop, the icons (folders) must be the same size and of similar shape as icons (folders) already on the desktop. This limits the ability of OEMs to promote other browsers by, for example, highlighting the existence of another browser with a large desktop icon or modifying the start-up sequence to give users an opportunity to make a non-IE browser their default browser or replace IE with a competing browser.

             

         3. Licensees are not restricted from loading other browsers on the desktop. However, in some cases OEMs prefer to load only one browser to avoid user confusion and the resulting consumer support costs. In addition, some OEMs view the desktop as scarce real estate and are generally reluctant to preinstall more than one software title in each functional category.

             

         4. If Microsoft were a small company with a small share of operating systems, these types of provisions would be harmless. Given Microsoft's actual dominance, these types of provisions are anti-competitive. They inhibit PC manufacturers from preinstalling and promoting competing browsers. Their purpose and effect are to weaken Microsoft's browser competition in order to protect Microsoft's business in operating systems.³

          

      3. Microsoft has also promoted IE by striking deals with Internet Access Providers (IAPs) in order to protect Microsoft's business in operating systems.⁴ In general these agreements state that Microsoft will provide users with access to IAP services from the desktop, and in return, IAPs agree not only that they will promote IE, but also that they will not promote other browsers.⁵ Typically, some of the more restrictive provisions include:

          

         1. requirements that 75% or more of the IAP software shipments include IE as the only browser;

             

         2. limitations on IAP links to use or download third-party browsers on the IAP home Web page or any other Internet access service Web page offered by the IAP;

             

         3. limitations on expressing or implying that an alternate browser is available, including limitations on displaying any logo for a non-IE Web browser on the IAP home Web page or any other internet access service Web page offered by the IAP.

             

         4. Again, given Microsoft's position in operating systems, these provisions are anti-competitive. Their purpose and effect are to reduce the ability of competing browser manufacturers to distribute and promote their browsers through leading IAPs. Regardless of whether such provisions would be anti-competitive in themselves if put in place by a company with a small share of operating systems, they are certainly anti-competitive when Microsoft uses them to protect its dominant position in operating systems.

          

      4. Microsoft has promoted the use of IE by striking deals with Internet Content Providers (ICPs) for its Channel Bar.⁶ ICPs value the opportunity to have a channel on the Microsoft desktop, because it encourages users to visit the ICPs' Web sites, which in turn increases the ICPs' ability to promote their own products and to sell advertising space on their Web pages. Typically, the general nature of the agreements is that, in return for a prominent position on Microsoft's Channel Bar, ICPs agree not only that they will promote IE, but also that they will not promote or distribute competing browsers. Some of the more restrictive provisions typically included in the agreements are as follows:

          

         1. An ICP must agree to promote IE and no other browser⁷ as the browser software of choice for specified Web sites.

             

         2. An ICP must not distribute any other browser besides IE as an integral part of any channel client for use on Windows and Macintosh platforms.

             

         3. ICPs and their affiliates may not compensate a company that produces other browsers for carrying or promoting the ICPs' content or logos.

             

         4. Again, given Microsoft's position in operating systems, these provisions are anti-competitive, because they are designed to preserve Microsoft's large share of business in operating systems by hindering competition from other browsers. Thus, for example, the provision that prevents ICPs from compensating a company that produces other browsers for carrying or promoting the ICPs' content or logos can have no other purpose than to damage those browser owners. It is not a profit-maximizing act by Microsoft independent of its effect of weakening the competition.

          

      5. If Microsoft's IE browser and Windows operating system are superior products, then competition will lead OEMs, IAPs, ICPs, and customers to choose them, and Microsoft need not artificially influence those choices. But Microsoft is marketing IE in such a way as to make the choice between browsers a foregone conclusion, which in turn would allow Microsoft to protect the current dominance of the Windows operating system.⁸ This situation can never make consumers better off than they would be with unfettered competition, and it is likely to make consumers worse off.

       

   4. There is a substantial probability that these anti-competitive actions will permit MS to retain its power over price in operating systems and will inhibit development of MS-independent innovations. Both would harm consumer welfare.

       

      1. Internet browsers that are capable of supporting applications that are operating-system independent are a potential substitute for Windows. If Microsoft minimizes competition from other browsers and chooses to support only Windows-based technology, then consumers will perceive few alternatives to the Windows operating system. As a result, Microsoft could raise the price of its operating system with little fear of losing customers.

          

      2. Microsoft's anti-competitive actions are aimed at hindering the success of non-IE browsers, but they are likely to send a message to all software developers: Microsoft will impede any innovation that threatens the dominance of Windows. This will lessen developers' incentives to develop non-Windows based innovations. As a result, the range of software products consumers can choose from will be limited. Narrowed choice and slowed technological progress can never improve the welfare of consumers and are likely to decrease it. If Windows is truly a superior product, it will succeed on its merits. The actions Microsoft is taking will prevent that from being necessary.

    

4. I have reviewed Professor Sibley's affidavit and I am in agreement with its contents.

I declare under penalty of perjury that the foregoing is true and correct. Executed on May 12, 1998, in Cambridge, Massachusetts.

FOOTNOTES

¹ These comments are based on the "Microsoft Windows 98 OPK RC 0 Release Notes", February 27, 1998.

² IE is also bundled with the Windows software that Microsoft distributes through retail channels.

³ Microsoft's bundling of IE with the Windows software it distributes through retail channels is a similar effort to weaken Microsoft's browser competition in order to protect Microsoft's dominance in operating systems.

⁴ These comments are based on a review of the four On-line Service Provider agreements and six Internet Service Provider (ISP) agreements. All of the agreements limit the shipment of non-IE browsers. The restrictions on downloading and promoting third party browsers that are listed here more closely reflect the wording of the ISP agreements, but On-line Service Providers are also limited in their ability to download and promote third party browsers.

⁵ ISPs typically pay a referral fee to Microsoft for new members who access their services from the Windows desktop.

⁶ These comments are based on a review of ten Internet Content Provider agreements.

⁷ "Other browsers" refer to the top two most widely used browsers, exclusive of IE.

⁸ I understand that Microsoft has recently issued a statement to IAPs in the Referral Server and ICPs waiving some of the restrictions in their agreements.

EXHIBIT 1

FRANKLIN M. FISHER -- Professor of Economics, MIT

Ph..D. Harvard University, 1960
M..A.. Harvard University, 1957
A.B. Harvard University, 1956 (Summa Cum Laude)

Ph.D. Dissertation: A Priori Information and Time Series Analysis

FELLOWSHIPS, SCHOLARSHIPS, AND PROFESSIONAL HONORS

• Detur Prize, 1953.

   

• John Harvard Scholarship, 1953-1954, 1954-1955.

   

• Social Science Research Council Undergraduate Research Stipend, 1953.

   

• Harvard College Scholarship, 1955-1956.

   

• Phi Beta Kappa, 1955.

   

• Rodgers Fellowship, 1956-1957.

   

• Austin Fellowship, 1956-1957.

   

• Junior Fellow of the Society of Fellows, Harvard University, 1957-1959.

   

• Fellow of the Econometric Society, 1963-present.

   

• Irving Fisher Lecturer at Econometric Society Meetings, Amsterdam, September 1968.

   

• Operations Research Society of America Prize for best paper dealing with a military subject published in Operations Research, 1967.

   

• Fellow of American Academy of Arts and Sciences, 1969-present.

   

• Council Member of the Econometric Society, 1972-1976.

   

• John Bates Clark Awards American Economic Association, 1973.

   

• F. W. Paish Lecturer, Association of University Teachers of Economics, Sheffield, England, April 1975.

   

• David Kinley Lecturer, University of Illinois, 1978.

   

• Vice President of the Econometric Society, 1977-1978.

   

• President of the Econometric Society, 1979.

   

• Fellowship, John Simon Guggenheim Foundation, 1981-1982.

   

• Erskine Fellow, University of Canterbury, Summer 1983.

   

• National Academy of Sciences, Distinguished Scholar Exchange Program: Visitor to Huazhong University of Science and Technology, The People's Republic of China, 1984.

   

• Invited Lecturer, Australasian Meetings of the Econometric Society, 1987.

   

• Taft Lecturer, University of Cincinnati, 1992.

POSITIONS

• Teaching Fellow, Harvard University, 1956-1957.

   

• Junior Fellow of the Society of Fellows, Harvard University, 1957-1959.

   

• Assistant Professor of Economics, University of Chicago, 1959-1960.

   

• Assistant Professor of Economics, Massachusetts Institute of Technology, 1960-1962.

   

• Associate Professor of Economics, Massachusetts Institute of Technology, 1962-1965.

   

• Professor of Economics, Massachusetts Institute of Technology, 1965-present.

   

• National Science Foundation Postdoctoral Fellow, Econometric Institute, Netherlands School of Economics, 1962-1963.

   

• Ford Foundation Faculty Research Fellow in Economics, London School of Economics and Hebrew University, 1966-1967.

   

• Visiting Professor of Economics, Hebrew University, 1967, 1973, 1985.

   

• Visiting Professor of Economics, Tel Aviv University, 1973, 1977-present.

   

• Member, National Academy of Sciences Panel oe the Effects of Deterrence and Incapacitation, 1975-1978.

   

• Visiting Professor, Harvard University, Economics Department, 1981-1982.

   

• Consultant and Director, Charles River Associates Incorporated, 1967-present.

   

• Research Associate, National Bureau of Economic Research, April 1980-1989.

   

• Member, National Research Council, Panel of Sentencing Research, 1981-1982.

   

• Consultant, various law firms, 1964-present.

   

• Director, National Bureau of Economic Research, 1989-present.

   

• Steering Committee, Institute for Social and Economic Policy in the Middle East, John F. Kennedy School, Harvard University, 1990-present. Chairman of Water Project, 1991-present.

PROFESSIONAL SOCIETIES

• American Economic Association

   

• Econometric Society: Program Chair, Winter Meetings, 1964; Council, 1972-1976; Vice President, 1977-1978; President, 1979.

EDITORSHIPS

• Associate Editor, Journal of the American Statistical Association, 1965-1968.

   

• American Editor, Review of Economic Studies, 1965-1968.

   

• Editor, Econometrica, 1968-1977.

PUBLIC SERVICE AND CHARITABLE POSITIONS

• Member, Board of Governors, Tel Aviv University, 1976-1992; American Friends of Tel Aviv University, 1976-1985; Honorary Board, American Friends of Tel Aviv University, 1985-present.

   

• Chairman, Facility Advisory Cabinet, United Jewish Appeal, 1975-1977.

   

• Board of Trustees, Combined Jewish Philanthropies, 1975-present (Board of Managers, 1978-1992; Campaign Chair, Harvard and MIT, 1975; Academic Team, 1976-1977; Co-Chair, Lexington, 1975; Associate Chair, Metropolitan Division, 1979-1980).

   

• Board of Trustees, Temple Isaiah, Lexington, 1971-1974; 1976-1979.

   

• Commissioner, B'nai B'rith Hillel Foundations, 1977.

   

• Board of Trustees, Beth Israel Hospital, Boston, 1979-present.

   

• Vice President, Hillel Council of Greater Boston, 1981-1986.

   

• Board Member, MIT Hillel, 1980-1985.

   

• Board Member, New Israel Fund, 1984-present.

   

• Treasurer, New Israel Fund, 1984-present.

   

• Board Member, Boston Friends of Peace Now, 1983-1992.

   

• President, Boston Friends of Peace Now, 1985-1987.

   

• Chair, American Friends of Peace Now, 1985-1989.

   

• Treasurer, Americans for Peace Now, 1989-1991.

   

• President, American Jewish Congress, New England Region, 1993-1995.

   

• President, New Israel Fund, 1996-present.

PUBLICATIONS

Books

A Priori Information and Time Series Analysis: Essays in Economic Theory and Measurement. Amsterdam: North-Holland Publishing Co., 1962.

A Study in Econometrics: The Demand for Electricity in the United States. With Carl Kaysen. Amsterdam: North-Holland Publishing Co., 1962.

Essays on the Structure of Social Science Model. With Albert Ando and Herbert A. Simon. Cambridge, MA: MIT Press, 1963.

Supply and Costs in the United States Petroleum Industry: Two Econometric Studies. Baltimore: Johns Hopkins Press, 1964.

The Identification Problem in Econometrics. New York: McGraw-Hill Book Co., 1966; Huntington: Robert Krieger Publishing Co., 1976.

The Economic Theory of Price Indices. With Karl Shell. New York: Academic Press, 1972.

Folded, Spindled, and Mutilated: Economic Analysis and US v. IBM. With John L McGowan and Joen E. Greenwood. Cambridge, MA: MIT Press, 1983.

IBM and the US Computer Industry; An Economic History. With J. McKie and R. J. Mancke. New York: Praeger, 1983.

Disequilibrium Foundations of Equilibrium Economics. New York: Cambridge University Press, 1983.

Antitrust and Regulation: Essays in Memory of John J. McGowan. Editor. Cambridge, MA: MIT Press, 1985.

Der Anti-Trust-Fall US gegen IBM (German edition of Folded, Spindled, and Mutilated), Translated by C. C. von Weizsacker. Tubingen: J.C.B. Mohr, 1985.

Wei Guan Jing Ji Xue (Lectures on Microeconomics). Wu Han University Press, 1988.

Industrial Organization, Economics, and the Law (collected works, Volume I). J. Monz (ed). Hemel-Hempstead: Harvester-Wheatsheaf, 1990; and Cambridge, MA: MIT Press, 1991.

Econometrics: Essays in Theory and Applications, (collected works, Volume II). J. Monz (ed.). Hemel-Hempstead: Harvester-Wheatsheaf, 1991; and Cambridge, MA: MIT Press, 1992.

Aggregation: Aggregate Production Functions and Related Topics (collected works, Volume III). J. Monz (ed.). Hemel-Hempstead: Harvester-Wheatsheaf, 1992; and Cambridge, MA: MIT Press, 1993.

The Economic Analysis of Production Price Indexes. With Karl Shell, Cambridge University Press, 1997.

Topics in Theoretical and Applied Economics: Collected Papers of Franklin M. Fisher (working title). Cambridge University Press. Forthcoming.

"Standing Up to Be Counted: Issues in the Statistical Adjustment of the Census." With Brian Painter. Cambridge University Press. Forthcoming.

"Estimating the Effects of Display Bias in Computer Reservation Systems," With Kevin Neels. Cambridge University Press. Forthcoming.

Articles and Comments

"Income Distribution, Value Judgments, and Welfare." Quarterly Journal of Economics 70, No. 3 (August 1956): 380-424.

"Income Distribution, Value Judgments, and Welfare: A Correction," With Peter B. Kenen. Quarterly Journal of Economics 71, No. 2 (May 1957): 322-324.

"Negro-White Savings Differentials and the Modigliani-Brumberg Hypothesis." With Robert Brown. Review of Economics and Statistics 40, No, 1 (February 1958): 79-81.

"The Mathematical Analysis of Supreme Court Decisions: The Use and Abuse of Quantitative Methods." American Political Science Review 52, No. 2 (June 1958): 321-338; reprinted to Bobbs-Merrill Reprint Series in the Social Sciences.

"Generalization of the Rank and Order Conditions for Identifiability." Econometrica 27, No. 3 (July 1959): 431-447.

"New Developments on the Oligopoly Front: Cournot and the Bain-Sylos Analysis." Journal of Political Economy 67, No. 4 (August 1959); 410-413.

"On the Existence and Linearity of Perfect Predictors in 'Contents Analysis.'" MULL (March 1960).

"On the Analysis of History and the Interdependence of the Social Sciences." Philosophy of Science 27, No. 2 (April 1960): 147-158.

"The Stability of the Cournot Oligopoly Solution: The Effects of Speeds of Adjustment Increasing Marginal Costs." Review of Economic Studies 28, No. 1 (February 1961): 125-135.

"How Income Ought to be Distributed: Paradox Lost." With J. Rothenberg, Journal of Political Economy 69, No. 2 (April 1961): 162-180.

"On the Cost of Approximate Specification in Simultaneous Equation Estimation," Econometrica 29, No. 2 (April 1961): 139-170. Reprinted in Essays on the Structure of Social Science Models and elsewhere.

"Identifiability Criteria in Nonlinear Systems." Econometrics 29, No. 4 (October 1961): 574-590.

"How Income Ought to be Distributed: Paradox Enow." With J. Rothenberg, Journal of Political Economy 70, No. 1 (February 1962): 162-180.

"A Proposal for the Distribution of the United States Food Surplus Abroad." Review of Economics and Statistics 44 (February 1962): 52-57, "Una Proposta per le Eccedenze Agricole Americane." Mecurio 6, No. 2 (Febbraio 1963).

"Two Theorems on Ceteris Paribus in the Analysis of Dynamic Systems." With Albert Ando. American Political Science Review 56 (March 1962): 110-113. Reprinted in H. M. Blalock, Jr. (ed.), Causal Models in the Social Sciences (New York: Aldine-Atherton, 1971, 1984).

"An Alternate Proof and Extension of Solow's Theorem on Non-Negative Square Matrices." Econometrica 30, No. 2 (April 1962): 349-350.

"The Place of Least Squares in Econometrics: Comment." Econometrica 30, No. 3 (July 1962) 565-567. Reprinted in F. V. Waugh (ed.), Selected Writings on Agricultural Policy and Economic Analysis (Minneapolis: University of Minnesota Press, 1984).

"The Costs of Automobile Model Changes Since 1949." With Z. Griliches and C. Kaysen, Journal of Political Economy 70, No. 5 (October 1962): 433-451. Reprinted in many anthologies.

"Near-Decomposability, Partition and Aggregation and the Relevance of Stability Discussions." With Albert Ando. International Economics Review 4, No. 1 (January 1963): 53-67. Reprinted in Essays on the Structure of Social Science Models.

"Decomposabitity, Near-Decomposability and Balanced Price Change Under Constant Returns to Scale." Econometrica 31, No. 1-2 (May 1963); 67-89. Reprinted in Essays on the Structure of Social Science Models.

"Uncorrelated Disturbances and Identifiability Criteria." International Economic Review 4 (May 1963): 134-152.

"Balanced Growth and Intertemporal Efficiency in Capital Accumulation: Comment." International Economic Review 4, No. 2 (May 1963): 232-234.

"Properties of the von Neumann Ray in Decomposable and Nearly-Decomposable Technologies." Chapter 8 In Essays on the Structure of Social Science Models.

"Food Surplus Disposal, Price Effects, and the Cost of Agricultural Policies in Underdeveloped Countries: A Theoretical Analysis." Published as: 1) "A Theoretical Analysis of the Impact of Food Surplus Disposal on Agricultural Production in Recipient Countries," Journal of Farm Economics 45, No. 4 (November 1963): 863-875; 2) "Statements by Mr. Franklin M. Fisher," in Annals of Collective Economy 34, Nos. 2-3 (April-September 1963): 337-351; and 3) "Vendita Delle Eccedenze Alimentari, Effeti sul Presto e Costi delle Politiche Agricole nei Paesi Sottosviluppati," La Pianificazione in Giappane e Aliri Contribute al VI Congresso Internazionale dell'Economia Colletiva (September 1963): 127-143.

"A Note on Estimation from a Cauchy Sample." With T.J. Rothenberg and C.B. Tilanus. Journal of the American Statistical Association 59 (June 1964): 460-463.

"Influenze degli Incentivi Economici sulla Perforazione dei Pozzi Esplorativi e sulla Scoperta di Nuovi Giacimenti negli Stati Uniti." La Scuola in Azione (June 22, 1964).

"Valutazione degli Effeti della Profondita dei Pozzi e delle Mutazione Technologiche sul Costo delle Perforazioni in USA." La Scuola in Azione (July 31,1964).

"Identifiability Criteria in Nonlinear Systems: A Further Note." Econometrica 33, No. 1 (January 1965).

"The Choice of Instrumental Variables in the Estimation of Economy-Wide Econometric Models." International Economic Review 6, No. 3 (September 1965): 245-274. Reprinted in H. M. Blalock, Jr. (ed.), Causal Models in the Social Science, 2^nd Edition (New York: Aldine Publishing Company, 1985).

"Dynamic Structure and Estimation of Economy-Wide Econometric Models," Chapter 15 in J. Duesenberry et al. (eds.), The Brookings Quarterly Econometric Model of the United States (Chicago; Rand-McNally Publishing Co.; Amsterdam: North-Holland Publishing Co., 1965). Also published in Proceedings of the Study Week (October 1963) on "Le Role de L'Analyse Econometrique dans la Formulation de Plans de Developpement," Pontifical Academy of Sciences, Vatican City (1965), pp. 385-447.

"Price and Output Aggregation in the Brookings Econometric Model." With L.R. Klein and Y. Shinkai. Chapter 17 in J, Duesenberry et al. (eds.), The Brookings Quarterly Econometric Model of the United States (Chicago: Rand-McNally Publishing Co.; Amsterdam: North-Holland Publishing Co., 1965).

"Near-Identifiability and the Variances of the Disturbance Terms." Econometrica 33, No. 2 (April 1965): 409-419.

"Choice of Units, Column Sums, and Stability in Linear Dynamic Systems with Non-Negative Square Matrices." Econometrica 33, No. 3 (April 1965): 445-450.

"On the Goals of the Firm: Comment," Quarterly Journal of Economics 79, No. 3 (August 1965): 500-503.

"Embodied Technical Change and Existence of an Aggregate Capital Stock." Review of Economic Studies 32, No. 4 (October 1965): 263-288.

"Restrictions on the Reduced Form and the Rank and Order Conditions." International Economic Review 7, No. 1 (January 1966): 77-82.

"Community Antenna Television Systems and the Regulation of Television Broadcasting." Papers and Proceedings, American Economic Review 56, No. 2 (May 1966): 320-329.

"Community Antenna Television Systems and the Local Television Station Audiences." With Victor E. Ferral, Jr., in association with David Belsley and Bridget M. Mitchell. Quarterly Journal of Economics 80, No. 2 (May 1966): 227-251.

"Cost/Effectiveness of Reenlistment Incentives." With A. S. Morton and D. M. Nitzburg. Navy Manpower Considerations 1970-1980 (U), Study 13, Institute for Naval Studies of the Center for Naval Analyses (January-February 1966). (For Official Use Only.)

"The Relative Sensitivity to Specification Error of Different k-Class Estimators." Journal of the American Statistical Association 61, No. 2 (June 1966): 345-356.

"The Costs and Effectiveness of Reenlistment Incentives in the Navy." With A. S. Morton. Operating Research 15, No. 3 (May-June 1967): 373-387.

"Reenlistments in the US Navy: A Cost Effectiveness Study." With A. S. Morton. American Economic Review 57, No. 3 (May 1967): 32-38.

"On the Independent Use of Two or More Sets of Policy Variables." Journal of Political Economy 75, No. 1 (February 1967): 77-85, Translation of "Acerca Del Uso Independiente de Dos o Mas Conjuntos de Variables de la Politica Economica." Latin American Review, No. 10 (April-June 1963).

"Approximate Specification and the Choice of a k-Class Estimator." Journal of the American Statistical Association 62 (December 1967): 1265-1276.

"Statistical Identifiability." International Encyclopedia of the Social Sciences 15 (1968): 201-206.

"Taste and Quality Change in the Pure Theory of the True Cost of Living Index." With Karl Shell. In J. N. Wolfe (ed.), Value, Capital and Growth: Papers in Honour of Sir John Hicks (Edinburgh: University of Edinburgh Press, 1968). Reprinted in Z. Griliches (ed.), Price Indexes and Quality Change (Cambridge, MA: Harvard University Press, 1970). Also reprinted in The Economic Theory of Price Indices.

"The Educational Opportunity Bank: An Economic Analysis of a Contingent Repayment Loan Program for Higher Education." With K. Shell, D. K. Foley, and A. F. Friedlaender, in association with J. J. Behr, Jr., S. Fischer, and R. D. Mosenson. National Tax Journal 21 (March 1968): 2-45.

"Embodied Technology and the Existence of Labor and Output Aggregates." Review of Economic Studies 35, No. 4 (October 1968): 391-412.

"Embodied Technology and the Aggregation of Fixed and Movable Capital Goods." Review of Economic Studies 35, No, 4 (October 1968): 417-428.

"An Analysis of Boston Voting Patterns, 1963-1967." With Ellen P. Fisher. MIT Department of Economics Working Paper No. 30 (October 1968).

"Aspects of Cost-Benefit Analysis in Defense Manpower Planning." In N. A.. B. Wilson (ed.), Manpower Research (London: The English Universities Press, Ltd., 1969), pp. 83-104.

"US Experience: The Recent I.N.S. Study." Presented at the Sixth Edinburgh Seminar in the Social Sciences, On the Services and Society (Edinburgh, May 1969). Published in J. Erickson and J. N. Wolfe (eds.), The Armed Services and Society (Chicago: Aldine Publishing Co., 1970), pp. 89-102.

"Causation and Specification in Economic Theory and Econometrics." Synthese 20 (1969): 489-500.

"On the Sensitivity of the Level of Output to Savings: Embodiment and Disembodiment: A Clarificatory Note." With D. Levhari and E. Sheshinski. Quarterly Journal of Economics 83, No. 2 (May 1969): 347-348.

"Approximate Aggregation and the Leontief Conditions." Econometrics 37, No. 3 (July 1969): 547-569.

"The Existence of Aggregate Production. Functions." Presented as the Irving Fisher Lecture at the Econometric Society Meetings, Amsterdam, September 1968. Econometrica 37, No. 4 (October 1969): 553-577.

"A Correspondence Principle for the Simultaneous Equation Models." Econometrica 38, No. 4 (January 1970): 73-92.

"Radical Students and Political Universities." Boston Globe, Sunday Magazine Section {March 1, 1970).

"Tests of Equality Between Sets of Coefficients in the Linear Regressions: An Expository Note." Econometrica 38, No. 2 (March 1970): 361-366.

"Regional Specialization and the Supply of Wheat in the United States, 1867-1914." With P. Temin. Review of Economics and Statistics 52, No. 2 (May 1970): 134-149.

"The Choice of Instrumental Variables in the Estimation of Economy-Wide Econometric Models: Some Further Thoughts." With B. Mitchell. International Economic Review 11 (June 1970): 226-234.

"Quasi-Competitive Price Adjustment by Individual Firms: A Preliminary Paper." Journal of Economic Theory 2, No. 2 (June 1970): 195-206.

"Simultaneous Equations Estimation: The State of the Art," IDA Economic Papers (July 1970).

"Discussion." Tax Incentives and Capital Spending. Edited by G. Fromm. Amsterdam: North-Holland Publishing Co., 1971, pp. 243-255.

"Regional Specialization and the Supply of Wheat in the United States, 1857-1914; A Reply." With P, Temin. Review of Economics and Statistics 53, No. 1 (February 1971); 53.

"The Existence of Aggregate Production Functions: Reply." Econometrica 39, No. 2 (March 1971): 405.

"Would Increasing Residential Electric Rates Help Preserve Environmental Quality?" With William R. Hughes. Public Utilities Fortnightly 87, No. 7 (April 1971): 22-31.

"The Effect of the Removal of Firemen on Railroad Accidents: 1962-1967," With G. Kraft. Bell Journal of Economics and Management Sciences (Autumn 1971): 470-494.

"Aggregate Production Functions and the Explanation of Wages: A Simulation Experiment." Review of Economics and Statistics 53, No. 4 (November 1971): 305-325.

"Discussion of Papers in Session I." Board of Governors of the Federal Reserve System and Social Science Research Council, The Econometrics of Price Determination Conference, Washington Board of Governors (1972).

"Gross Substitutes and the Utility Function." Journal of Economic Theory 4, No. 1 (February 1972); 82-87.

"On Price Adjustment Without an Auctioneer." Review of Economic Studies 39, No. 117 (January 1972): 1-15.

"The Covariance Matrix of the Limited Information Estimator and the Identification Test: Comments." With J. Kadane. Econometrica 40, No. 5 (September 1972); 901-903.

"A Simple Proof of the Fisher-Fuller Theorem." Proceedings of the Cambridge Philosophical Society (1972).

"An Econometric Simulation Model of Intra-Metropolitan Location: Housing, Business, Transportation and Local Government." With R. F. Engle, J. Harris, and J. Rothenberg. American Economic Review, Papers and Proceedings Issue, 53, No. 2 (May 1972): 87-97.

"An Econometric Model of the World Copper Industry." With P. H. Cootner, in association with M. N. Bailey, Bell Journal of Economics and Management Science (Autumn 1972): 568-609.

"Returns to Scale in R&D: What Does the Schumpeterian Hypothesis Imply?" With P. Temin. Journal of Political Economy 81, No. 1 (January-February 1973): 56-70.

"Stability and Competitive Equilibrium in Two Models of Search and Individual Price Adjustments." Journal of Economic Theory 6, No. 5 (October 1973).

"Technological Change and the Drilling Cost Depth Relationship: 1960-66." In E. W. Erickson and L. Waverman (eds.), The Energy Question: An International Failure of Policy, Vol. 2 (Toronto: University of Toronto Press, 1974).

"The Hahn Process with Firms but No Production." Econometrica 43 (May 1974): 471-486.

"Alcoa Revisited: Comment." Journal of Economic Theory 9, No. 3 (1974): 357-359.

"A Non-Tatonnement Model with Production and Consumption." Econometrica 45 (September 1976): 907-938.

"The Stability of General Equilibrium: Results and Problems." F. W. Paish Lecture delivered at the AUTE Meetings, Sheffield, UK, April 1975. Published in Artis and Nobay (eds.), Essays in Economic Analysis, Proceedings of the Association of University Teachers of Economics Annual Conference (Sheffield, 1975) (Cambridge: Cambridge University Press, 1976), pp. 3-29.

"Continuously Dated Commodities and Non-Tatonnement with Production and Consumption." In Blinder and Friedman (eds.), Natural Resources, Uncertainty and General Equilibrium Systems: Essays in Memory of Rafael Lusky (New York: Academic Press, 1977), pp. 137-167.

"On Donor Sovereignty and United Charities." American Economic Review (September 1977).

"On the Feasibility of Identifying the Crime Function in a Simultaneous Model of Crime and Sanctions." With Daniel Nagin. In A. Blumstein et al. (eds.), Deterrence and Incapacitation: Report of the Panel on Research on Deterrent and Incapacitative Effects, Assembly of Behavioral and Social Sciences (Washington, DC: National Research Council, National Academy of Sciences, 1978).

"Aggregate Production Functions: Some CES Experiments." With R. M. Solow and J. Kearl. Review of Economic Studies 44, No. 2 (1978): 137.

"On the Relations Between Econometric Sectoral and Macro Models." MIT Working Paper No. 215 (February 1978). Also delivered at Sogesta Conference, January 1978.

"Quantity Constraints, Spillovers, and the Hahn Process." Review of Economic Studies 45, No. 1 (197E): 139.

"The Schumpeterian Hypothesis: Reply." With P. Temin. Journal of Political Economy 87, No. 2 (April 1979).

"Diagnosing Monopoly." Quarterly Review of Economics and Business 19, No. 2 (Summer 1979). Reprinted in The Journal of Reprints for Antitrust Law and Economics 14, No. 2 (1984).

"Advertising and Welfare: Comment." With J. J. McGowan. The Bell Journal of Economics 10, No. 2 (Autumn 1979).

"Diagnosing Monopoly: Reply." Quarterly Review of Economics and Business 20, No. 2 (Summer 1980).

"Multiple Regression in Legal Proceedings." Columbia Law Review 80, No. 2 (May 1980).

"The Audience-Revenue Relationship for Local Television Stations." With J. J. McGowan and D. Evans. The Bell Journal of Economics 11, No. 2 (Autumn 1980).

"The Effect of Simple Specification Error on the Coefficients of 'Unaffected' Variables." In L. R. Klein, M. Nerlove, and S. C. Tsiang (eds.), T. C. Liu Memorial Volume (New York: Academic Press, 1980).

"Stability, Disequilibrium Awareness, and the Perception of New Opportunities." (Econometric Society Presidential Address). Econometrica 49, No. 2 (March 1981): 279-317.

"On Perfect Aggregation in the National Output Deflator and Generalized Rybezinski Theorems." International Economic Review 23, No. 1 (February 1982).

"Stability, Disequilibrium Awareness, and the Perception of New Opportunities: Some Corrections." With Fernando M. C. B. Saldanha. Econometrica 50, No. 3 (May 1982).

"Aggregate Production Functions Revisited: The Mobility of Capital and the Rigidity of Thought." Review of Economic Studies 49, No. 4 (October 1982).

"On the Simultaneous Existence of Full and Partial Capital Aggregates." Review of Economic Studies 50, No. 1 (January 1983).

"On the Misuse of Accounting Rates of Return to Infer Monopoly Profits." With J. J. McGowan. American Economic Review 73, No. 1 (March 1983).

"Empirically Based Sentencing Guidelines and Ethical Considerations." With J. B. Kadane. Research on Sentencing: The Search for Reform, Vol. II (Washington, DC: National Research Council, Policy on Sentencing Research, 1983).

"The Misuse of Accounting Rates of Return: Reply." American Economic Review 74, No. 3 (June 1984).

"The Commodity Pattern of Trade and the Heckscher-Ohlin Theorem in the Presence of Aggregate and Commodity-Specific Factor-Intensity Reversals." With A. L. Hillman. Journal of International Economics 17 (1984): 159-172.

"The Social Costs of Monopoly and Regulation: Posner Reconsidered." Journal of Political Economy 93, No. 2 (April 1985).

"The Financial Interest and Syndication Rules in Network Television: Regulatory Fantasy and Reality." In F. M. Fisher (ed,), Antitrust and Regulation: Essays in Memory of John J. McGowan (Cambridge, MA: MIT Press, 1985).

"Can Exclusive Franchises be Bad?" In F. M. Fisher (ed.), Antitrust and Regulation: Essays in Memory of John J. McGowan (Cambridge, MA: MIT Press, 1985).

"Statisticians, Econometricians, and Adversary Proceedings." Journal of the American Statistical Association 81, No. 394 (June 1986): 277-286.

"On the Misuse of the Profits-Sales Ratio to Infer Monopoly Power." The Rand Journal of Economics 18 (Autumn 1987): 384-396.

"On Predation and Victimless Crime." The Antitrust Bulletin 32 (Spring 1987): 85-92.

"Household Equivalence Scales and Interpersonal Comparisons." Review of Economic Studies 54: 519-524.

"Pan American to United: The Pacific Division Transfer Case." The Rand Journal of Economics 18 (Winter 1987): 492-508.

"On Stability Analysis with Disequilibrium Awareness." With D. Stahl. Journal of Economic Theory 46, No. 2 (1988): 309-321.

"Adjustment Processes and Stability." In Eatwell et al. (eds.), The New Palgrave a Dictionary of Economics (London: The Macmillan Press Ltd.; New York: Stockton; Tokyo: Maruzeo, 1987), pp. 26-29,

"Aggregation Problem," In Eatwell et al. {eds.), The New Paigrave a Dictionary of Economics (London: Macmillan Press Ltd.; New York: Stockton; Tokyo: Maruzen, 1987).

"Horizontal Mergers: Triage and Treatment" Journal of Economic Perspectives 1 (Fall 1987): 23-40.

"It Takes t* to Tango: Trading Coalitions in the Edgeworth Process." Review of Economic Studies 56 (1989): 391-404.

"The Formation of Economic Magnitudes: Disequilibrium and Stability." Published by La Nouvelle Encyclopedic, 1990, pp. 19-55.

"Games Economists Play: A Non-Cooperative View." Rand Journal of Economics 20, No. 1 (Spring 1989): 113-124.

"Matsushita: Myth v. Analysis in the Economics of Predation." I.T.T. Kent Law Review, 64, No. 3 (1989): 969-977.

"Employment Discrimination and Statistical Science: Comment," Statistical Science 3, No. 2 (1988): 61-65.

"Accounting Data and Economic Policy." Journal of Accounting and Public Policy 7 (1988): 253-60.

"Normal Goods and the Expenditure Function." Journal of Economic Theory 51, No. 2: 431-433.

"Stability Analysis in Micro and Macro Theory: An Interview." In G. R. Feiwel (ed.), Joan Robinson and Economic Theory (1989), pp. 311-322.

"Household Equivalence Scales and Interpersonal Comparisons: Reply." Review of Economic Studies 57, No. 2 (1990): 329-330.

"Janis Joplin's Yearbook and the Theory of Damages." Journal of Accounting, Auditing, and Finance 5 (Winter/Spring 1990): 145-157.

Discussion of Michael L. Katz and Janusz A. Ordover, "R & D Cooperation and Competition," Brookings Papers on Economic Activity Microeconomics 1990, Martin N. Bally and Clifford Winston, eds. The Brookings Institution, Washington, DC, 1990.

"Organizing Industrial Organization: Reflections on the Handbook of Industrial Organization." In Brookings Papers on Economic Activity, 1991, pp. 201-240.

"Due Diligence and the Demand for Electricity: A Cautionary Tale." With P. S. Fox-Penner, J. E. Greenwood, W. G. Moss, and A. Phillips. Review of Industrial Organization 7 (1992): 117-149.

"The Analysis of Competition and Monopoly" (Chapter 2 of Folded, Spindled, and Mutilated). With J. J. McGowan and J. Greenwood. Reprinted in J. C. High and E. G. Wayne (eds.), A Century of the Sherman Act: American Economic Opinion, 1890-1990 (Fairfax, VA: George Mason University, 1992).

"Carl Kaysen: An Appreciation." Journal of Industrial Organization 7 (1992).

"Reflections on Competition Policy," Investigaciones Economicas, Segunda Epoca, Volumen XVII (3), September 1993.

"The Production-Theoretic Measurement of Input Price and Quantity Indices." Journal of Econometrics 65, No. 1 (January 1995): 155-174 (Essays in Applied Economies: A Volume in Honor of Zvi Griliches, A. Pakes, ed).

"Aggregate Price Indices, New Goods, and Generics." With Zvi Griliches. Quarterly Journal of Economics (February 1995).

"'Comment,' Chapter 2, 'The Authors, More Prizewinner Nuggets,' pp. 32-33, and "Editors Are People, Too,' Chapter 3, 'The Editors Explain,' pp. 102-104." In G. B. Shepherd (ed.), Rejected: Leading Economists Ponder the Publication Process (Thomas Horton and Daughters Publishers, 1995).

"BOC Manufacture of Telecommunications Equipment: An Assessment of Benefits and Competitive Risks." With R. J. Laner, M. Hunter, and A. S. Serrano, Managerial and Decision Economics 16 (1995): 439-450.

"The Production-Theoretic Measurement of Input Price and Quantity Indices." Journal of Econometrics 65, No. 1 (January 1995): 155-174.

"The Economies of Water Dispute Resolution, Project Evaluation, and Management: An Application to the Middle East." Water Resources Development 11, No. 4 (1995). Shorter version in Proceedings, Water Quality Management Heading for a New Epoch, Stockholm Water Symposium, Stockholm, Sweden, August 1995.

"Water and Peace in the Middle East," Middle East International (November 17, 1995): 17-18.

"The Price of Water and the Value of Economies," in Preservation of Our World in the Wake of Change, Volume VI-B, Proceedings of the Sixth International Conference of the Israeli Society for Ecology and Environmental Quality Sciences, Jerusalem, Israel, June 30-July, 4, 1996.

"Liquid Assets: The Economics of Water in the Middle East," A Preliminary Report of the Harvard Middle East Water Project, The Institute for Social and Economic Policy in the Middle East, J.F. Kennedy School of Government, Harvard University.

"My Career in Economics: A Hindcast." In Arnold Heertje (ed.), The Makers of Modern Economics, Volume III (Cheltenham, UK, and Brookfield, Vermont: Edward Elgar, 1997).

Reviews

Review of William Baumol, Business Behavior, Value, and Growth in Journal of Political Economy 69, No. 1 (February 1961).

Review of T. Thin, Theory of Markets m Journal of Political Economy 69, No. 1 (February 1961).

Review of K. Arrow et al., Mathematical Methods in the Social Sciences (1959) in Proceedings of the First Stanford Symposium, The Journal of Political Economy (August 1961).

Review of R.D. Schalaifer, Probability and Statistics for Business Decisions in Review of Economics and Statistics 43, No. 3 (August 1961).

Review of J.A.S. Cramer, The Ownership of Major Consumer Durables in Economica (November 1962).

Review of C.F. Christ et al., Measurement in Economics in Journal of Political Economy 72, No. 1 (February 1964).

Review of J. Johnston, Econometric Methods, and A.S. Goldberger, Econometric Theory in American Economic Review 54, No. 6 (December 1964).

Review of E. Malinvaud, Methodes Statistiques de l'Econometrie in Econometrica 33, No. 2 (April 1965).

Review of P. Balestra, The Demand for Natural Gas in the United States in American Economic Review 57, No. 5 (December 1967).

Review of Stephen E. Fienberg (ed.), The Evolving Role of Statistical Assessments as Evidence in the Courts in Journal of Economic Literature 28, No. 3 (September 1990).

Review of W.M. Gorman, Separability and Aggregation in The Economic Journal. Forthcoming.

AFFIDAVITS AND TESTIMONY

Telex v. IBM, 367 F. Supp, 258, Northern District of Oklahoma, 1973. For IBM. Affidavit and corporate testimony. Ronald Rolfe or Thomas Bare, Cravath, Swaine & Moore.

US v. IBM, Docket No. 69, Civil (DNE), Southern District of New York. Three depositions (1974, 1980, 1981). For IBM. Direct testimony by narrative statement. Also surrebuttal testimony by narrative statement. Ronald Rolfe or Thomas Barr, Cravath, Swaine & Moore.

Greyhound Computer Corp. v. IBM. For IBM. The original case was tried in Arizona Federal District Court in 1971. Deposition when the case was remanded for a second trial (about 1981). Ronald Rolfe or Thomas Barr, Cravath, Swaine & Moore.

CBS v. ASCAP. Southern District of New York, 1973. Testimony. For plaintiff, Alan Hruska, Cravath, Swaine & Moore.

Columbia Pictures v. ABC, Columbia Pictures v. CBS, US v. ABC, US v. NBC, US v. CBS. About 1972. Affidavits. Robert Rifkind of Cravath, Swaine & Moore.

ECC investigation of IBM. Testimony for IBM, 1982. Thomas Barr, Cravath, Swaine & Moore.

In Re Corrugated Container Antitrust Litigation. 1980-1981 Trade Cas. (CCH), para, 66, 163, Southern District of Texas, 1979. Federal District Court in Houston in 1982-1983. For defendants. Deposition and live testimony. Sanford Litvack, Donovan, Leisure (now general counsel, Walt Disney Co.).

Ralph C. Wilson Industries. Inc. v. Chronicle Broadcasting Company et al. US District Court, Northern District of California. For defendants. Deposition in March 1983. Statement submitted in October 1984. Brent Rushforth, Dow Lohnes & Albertson.

Cuomo v. Baldridge, 80 Civ. 4550 (JES). Southern District of New York, 1984, Testimony. For plaintiff. Robert Rifkind, Cravath, Swaine & Moore.

Koplar Communications. Inc. et al. v. Camellia City Telecasted Inc. et al. US District Court, Eastern District of California. Civ, 82-1068 LKK. For plaintiff. Affidavit 1984. Deposition 1985. Peter Work or Victor Ferral, Crowell & Moring.

Marine Construction Litigation. For plaintiffs. Depositions 1985, 1986. Report 1985, Rufus Oliver, Baker & Botts, or Janet McDavid, Hogan & Hartson.

Pacific Division Transfer Case. DOT Docket 43065. For Northwest Airlines. Testimony 1985. Ronald Eastman, Cadwalader, Wickersham & Taft.

NWA-Republic Acquisition Case. DOT Docket 43754. For Northwest Airlines. Testimony 1986. Ronald Eastman, Cadwalader, Wickersham & Taft.

Frank L. Eastland et al. v. Tennessee Valley Authority et al. US Court, of Appeals for the 11^th Circuit, No. 82-7008. Affidavit, May 1983. Paul Saunders, Cravath, Swaine & Moore.

Under 21 et al. v. The City of New York and Mayor Edward I.. Koch; the Salvation Army v. Edward I. Koch; Agudath Israel of America v. the City of New York, et ano. Supreme Court of the State of New York, County of New York, Index No. 15046/84, 15056/84, 15185/84. Affidavit, August 1984.

Superior Beverage Co. Inc. on behalf of itself and all others similarly situated v. Owens-Illinois Inc., et al. US District Court, Northern District of Illinois, Eastern Division, No. 83 C 512. For defendants. Affidavits in 1983. Deposition, May 1991. Trial testimony, December 1991. Earl Pollock, Sonnenschein, Carlin, Nath and Rosenthal.

The Interface Group, Inc. v. Gordon Publications, Inc. US District Court, District of Massachusetts, Civil Action No. 83-0092-G. For plaintiff. Affidavit 1983. Cameron Kerry, Mintz, Levin, Popeo.

Department of Labor v. Harris Bank. For plaintiff. Deposition, 1985. Testimony, 1986, Deborah Millenson, Department of Labor.

Baran v. Register. For plaintiff. Deposition and testimony, 1985. Mary Ellen Wynn, New Haven, CT.

Marvin Lumber v. Norton For defendant. Deposition, 1987. Raymond Hayward, Dorsey & Whitney.

Lady Grace v. CPI et al. For defendant. Testimony at preliminary injunction hearing, 1987. Carl King, Goldstein & Manello.

Continental Airlines et al. v. American Airlines and United Airlines. For plaintiff. Federal District Court in Los Angeles. Deposition, 1987, 1988, 1989. Trial testimony, 1990. David Boies, Cravath, Swaine & Moore.

Bilgutay v. IBM et al. Deposition, October 1987, Max Shulman, Cravath, Swaine & Moore.

ITA v. NWA et al. Federal District Court in Minnesota. Deposition. November 1987. Peter Hendrixson, Dorsey & Whitney. Deposition, April 1990, May 1990, December 1990. Trial testimony, May 1991. Paul Klaas, Dorsey & Whitney.

GCI v. Alascom. Deposition, December 1987. Robert DeVos, Popham, Haik, Schnobrich & Kaufman, Ltd.

Washington Public Power Supply System Securities Litigation. For plaintiff. Deposition, December 1987, January, June 1988. Thomas Ban, Cravath, Swaine & Moore.

Cordis v. Medtronic. For defendant. Deposition, March 1988. John French, Faegre & Benson.

Outlet v. Kingworld. For defendant. Deposition, April 1988, Robert Wiener, Berger & Steingert.

Leading Edge v. MELA. For plaintiff. Deposition, May, June, and October 1988. Richard Zinner, Friedman & Atherton.

Laitram v. IBM. For defendant. Federal District Court Alexandria. Trial testimony, May 1988. Max Shulman, Cravath, Swaine & Moore.

IBM-Fujitsu arbitration. For IBM, Testimony, July 1988. Thomas Barr, Cravath, Swaine & Moore.

ETSI Pipeline Project et al. v. Burlington Northern Inc. et al. For defendants. Deposition, December 1988. Bruce Wecker, Furth, Fahner, Bluemle & Mason.

Lower Lake Erie Iron Ore Litigation. For defendant CSX Corporation. Deposition, January 1989. Donald Flexner, Crowell & Moring.

Reserve Supply Corp. v. Owens-Coming Fiberglas Corp. et al. For defendant Owens-Corning. Deposition in May 1989. Robert Joseph, Sonnenschein, Carlin, Nath & Rosenthal.

Transnor (Bermuda) Limited v. BP North American Petroleum et al. For defendants. Deposition, 1989. Gregory A. Markel, Davis, Markel & Edwards.

City of New York et al. v. United States Department of Commerce et al. For plaintiff. Deposition, 1989, 1992. Trial testimony, 1992. Robert Rifkind, Cravath, Swaine & Moore.

Polaroid v. Kodak. Federal District Court Boston. For plaintiff. Testimony, 1989. Herbert Schwartz, Fish & Neave.

Litton Industries v. various railroads. For defendant CSX. Deposition 1990. Donald Flexner, Crowell & Moring,

Ultronics v. Cox. Federal District Court, San Diego. For defendant Affidavits and deposition, 1990. Trial testimony, March 1992, Brent Rushforth, Jenner and Block. Long Beach case. For defendants. Deposition, March 1991. Maureen O'Bryon, Hogan & Hartson.

US v. Western Electric. US District Court for District of Columbia. Reply Affidavit on behalf of Bell Operating Companies in connection with Information Services Remand, January 1991.

In the matter of Marathon Oil Company; In the matter of Phillips Petroleum Company. For defendant. Deposition, May 1991, and Hearing Testimony, October 1991. James At wood, Covington & Burling.

Airline class action litigation. For defendants. Affidavits on class certification, 1991. W. Randolph Smithy Crowell & Moring.

Long Lake v. Niagara Mohawk. For defendant. Deposition July, 1991. Thomas Rohback. LeBouef, Lamb, Leiby & MacRae.

Pulse One Communications v. Bell Atlantic Mobile Systems. Circuit Court for Baltimore County. For defendant. Deposition, September 1991, and Affidavit, October 1991.

Daras et al. v. Texaco. For defendant. Deposition, 1991. Mark Litvack, Texaco, Inc. Bulk Popcorn class litigation. For defendants. Deposition, January 1992, Steven Tourek, Winthrop & Weinstine.

In Re: Petroleum Products Antitrust Litigation. For defendant. Deposition, March and Fall 1992. Maureen O'Bryon, Hogan & Hanson.

Independent Entertainment Group, Inc. v. National Basketball Association et al. US District Court, Central District of California. For defendants. Affidavit, July 1992. Jeffrey Mishkin, Proskauer Rose Goetz & Mendelsohn.

In Re: Carbon Dioxide Antitrust Litigation. For defendants. Deposition, affidavit, and testimony at a hearing on class certification, 1993. John Burke, Burke, Bosselman & Weaver; Michael Sennett, Bell, Boyd & Lloyd; William G. Schopf, Jr., Schopf & Weiss.

For GEC (defendant) in international arbitration with Hughes Aircraft about a joint development and production contract. Statement on damages, April 1993. Frank Barron, Cravath, Swaine & Moore.

Continental Airlines, Inc. and Northwest Airlines, Inc. v. American Airlines, Inc., Inc., and AMR Corporation. US District Court for the Southern District of Texas, Galveston division. For plaintiffs. Deposition, Spring 1993. Trial testimony, July 1993. David Boies, Cravath, Swaine & Moore.

Chicago Bulls and WGN v. National Basketball Association. Federal District Court, Chicago. For defendant. Deposition, Summer-Fall 1993. Trial testimony, February 1994. Ronald Rauchberg, Proskauer Rose Goetz & Mendelsohn.

Coleman, O'Connor, McMillan et al. v. Sacramento Cable Television. Superior Court of the State of California in arid for the County of Sacramento. For defendant Deposition, November 1993. Trial testimony, February and April 1994. Marc D. Flink, Baker & Hostetler.

For Fiat (plaintiff) in international arbitration with Ford concerning a US acquisition. Affidavits on damages with Joen Greenwood and E. Scott Mayfield, July and November 1993. Paul Saunders, Cravath, Swaine & Moore.

Mission Resources v. Texaco. Federal District Court, Fresno, California. For defendant. Deposition, June 1994. Trial testimony, July 1994. Mark Litvack, Texaco, Inc., and Aton Arbisser, Kaye, Scholer, Fierman, Hays and Handler.

William S. Hilo et al. v. Exxon Corporation et al. US District Court, Central District of California. For defendants. Affidavits, August 1994, November 1995, Andrew J. Kilcarr, Hogan & Hartson.

Bell Atlantic Corporation et al. v. AT&T Corporation and McCaw Cellular Communications, Inc. For plaintiffs. Deposition, October 1994.

PPG Industries. Inc. v. Pilkington PLC. US District Court, District of Arizona. For plaintiffs. Deposition, March 1995. Paul Dodyk, Cravath, Swaine & Moore.

Texas Instruments Incorporated v. Cypress Semiconductor Corp., LSI Logic Corp., and VLSI Technology, Inc. US District Court, Northern District of Texas, Dallas. For defendants. Affidavit, June 1995. Anthony L. Maries, Brown & Bain.

Texaco v. U.S. Oil Supply Company. California Superior Court, Los Angeles. For plaintiff. Deposition, August 1995. Trial testimony, August 1995. Mark Litvack, Texaco, Inc.

In re: Brand Name of Prescription Drugs Antitrust Litigation. US District Court, Northern District of Illinois, Eastern Division, 94 C 987, MDL 997. For a defendant in an antitrust case. Deposition, February 1996. Stephen Madsen, Cravath, Swaine & Moore.

Star Markets. Ltd. v. Texaco Inc. US. District Court, Hawaii. For defendant in case of alleged trademark and trade name infringement and unfair competition. Deposition, October 1996, Testimony, February 1997. Mark Litvack, Texaco.

St Louis Convention and Visitors Commission v. National Football League, et al. For defendants. Deposition, June 1997 and July 1997. Testimony, November 1997. Shepard Goldfein, Skadden, Arps, Slate, Meagher & Flom.

United States of America, ex rel. Daniel G. O'Keefe v. McDonnell Douglas Corporation, For defendant. Deposition, October 1997. Jeffrey K. Dorman, Sonnenschein Nath & Rosenthal.

Comision Ejecutiva Hidroelectrica Del Rio Lempa, an autonomous state institution of the country of El Salvador v. Back & Veatch International Company, a Missouri corporation. Affidavit, December 1997. Henry Mendia, Gunster, Yoakley, Valdes-Fauli & Stewart.

FCC TESTIMONY AND PAPERS

The Impact of CATV on Local Television Stations, Appendix to Reply Comments of the National Association of Broadcasters, The Fisher Report. Before the Federal Communications Commission, Docket No. 15233. (October 26, 1964.)

"The Impact of CATV on Local Television Stations: A Critique of the FCC's Staff Report." With G. Kraft. A Charles River Associates Study prepared for Covington & Burling and submitted to the Federal Communications Commission. (September 1970.)

Statement submitted with "Petition to Deny" by Taft Broadcasting Co. before the Federal Communications Commission, File No. BPCT 4473. (January 17, 1972.)

"Economic Analysis of Canadian Pre-Release Rights," In "Comments" by Taft Broadcasting Co. and Capital Cities Communications, Inc. Before the Federal Communications Commission, Docket No. 20649. (June 22, 1976.)

Testimony in Hearings before the Federal Communications Commission in the matter of Great Trails Broadcasting Co., Docket No. 20832. (October 29, 1976.)

"Comments on Econometric Studies Used by FCC in Considering Short-Spaced UHF Drop-Ins." For Association of Maximum Service Telecasters, Inc., Cox Broadcasting Corporation, Gateway Communications Co., Storer Broadcasting Co., and WGAL Television, Inc. Before the Federal Communications Commission, Docket No. 20418. (November 1, 1977.)

"The Audience-Revenue Relationship for Local Television Stations." With J.J. McGowan and D. Evans. A Charles River Associates Study prepared for the National Association of Broadcasters and submitted to the Federal Communications Commission, Docket No. 21284. (December 1978.) Part 2. (September 1979)

"An Evaluation of the Validity of American Television and Communication Corporation's Estimate of the Impact of Importing the Signals of WGN-TV and WTCG-TV on Television Viewing of Local Stations in Columbus, Ohio." Written testimony submitted to the Federal Communications Commission. (April 1979.)

In the matter of AT&T and McCaw. Federal Communications Commission. Affidavits on behalf of Southwestern Bell Corporation, October 1993, and January 1994. Michael Kellogg, Kellogg, Huber & Hansen.