Free Notice (Other) - District Court of Colorado - Colorado

Case 1:02-cv-01977-RPM

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Appendix A: Curriculum Vitae JOHN B. HAYES--Vice President
Ph.D. M.A. B.A. Economics, University of Wisconsin­Madison, 1994 University of Denver, 1986 Stanford University, 1983

HONORS AND AWARDS
Federal Reserve System Board of Governors Dissertation Fellowship, 1992. University of Denver Fellowship, 1986.

PROFESSIONAL EXPERIENCE
1997­present Vice President, Charles River Associates, Boston, MA. Previous positions: Principal, 1998-2001, and Senior Economist, 1997-98 (with The Tilden Group). Economic analysis of issues arising in antitrust and intellectual property litigation. Evaluation of the competitive effects of government regulation. Assessment of economic damages. Economist, US Department of Justice, Antitrust Division, Washington, DC. Economic analysis to support antitrust litigation and Federal competition policy. Extensive telecommunications experience included wireless mergers and comments filed with the Federal Communications Commission. Advised and trained foreign competition agency personnel. Adjunct Professor of Economics, Georgetown University, Washington, DC. Taught an undergraduate course in industrial organization. Economist, Wisconsin Vocational, Technical, and Adult Education System, Madison, WI. Economic analysis of labor market trends affecting enrollment in the VTAE system. Economic Analyst, US WEST, Strategic Marketing Division, Denver, CO. Identified new business opportunities. Compared the performance of business units to industry benchmarks. Trained staff in the use of data resources for business performance analysis. Economist, Medical Group Management Association, Center for Research and Ambulatory Health Care, Denver, CO. Survey design, implementation, analysis, and presentation of results. Authored articles for the association newsletter and journal. Maintained research databases. Prepared research proposals.

1993­1997

1995­1996

1989­1991

1987­1988

1986­1987

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TESTIMONY AND WHITE PAPERS
Declaration in Law Offices of Curtis V. Trinko, LLP v. Verizon Communications, Inc.., United States District Court, Southern District of New York, January 3, 2006. Declaration in Spa Univeraire, Vacation Tan & Travel, Douglas Cheesman, Carl Lesher, Roxanne Lewis, Dennis Lindeman, Doug Mackey, Lori R. Valdez, Jennifer Lynn Webb v. Qwest Communications International and Qwest Corporation, United States District Court, District of Colorado, December 5, 2005. Declaration and deposition testimony in FTC v. Aloha Petroleum, Ltd. and Trustreet Properties, Inc., United States District Court, District of Hawaii, June 27, 2005 and August 18, 2005. Declaration and testimony in State of Alaska v. Crowley Marine Services, et. al, Superior Court for the State of Alaska, October 27, 2004 and August 1, 2005. Deposition testimony regarding the competitive effects of terminating a lease to a petroleum terminal, SFPP, L.P. v. Texaco Refining and Marketing Inc, Shell Oil Co. and Equilon Enterprises LLC, July 27, 2001. "CMRS HHIs from Customer Share Data: An Update," 2000 Biennial Regulatory Review--Spectrum Aggregation Limits for Commercial Mobile Radio Services, WT Docket No. 01-14, filed with the Federal Communications Commission on April 13, 2001. "Benefits and Costs of the Proposed Rule Governing Standards for Access to Telecommunications Services," Rulemaking Regarding Building Access Pursuant to PURA §§ 54.259, 54.260, & 54.261, filed with the Public Utility Commission of Texas on May 31, 2000. Testimony regarding access by competing local exchange carriers to multi-tenant buildings, before the United States House of Representatives, Subcommittee on the Constitution, March 22, 2000. Declaration in Outdoor Systems, Inc., et. al v. Metro Display, Inc., SA 92-10744JR, U.S. Bankruptcy Court for the Central District of California, December 20, 1999. "An Economic Analysis of the Market for Building Access," Promotion of Competitive Networks in Local Telecommunications Markets, WT Docket 99-217 and CC Docket No. 96-98, filed with the Federal Communications Commission on September 27, 1999. "An Empirical Analysis of the Footprint Effects of Mergers between Large ILECs," Applications for Transfer of Control to SBC Communications Inc. of Licenses and Authorizations Held by Ameritech Corporation, CC Docket No. 98-141, filed with the Federal Communications Commission on March 31, 1999. With Michael L. Katz and Jith Jayaratne. "CMRS HHIs from Customer Share Data," 1998 Biennial Regulatory Review -- Spectrum Aggregation Limits for Wireless Telecommunications Carriers, CC Docket No. 98-205, filed with the Federal Communications Commission on January 25, 1999.

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"Market Power and the Bell Atlantic­GTE Merger," Application of GTE and Bell Atlantic for Consent to Transfer of Control, CC Docket No. 98-184, filed with the Federal Communications Commission on November 23, 1998. "Market Power and the SBC-Ameritech Merger," Applications for Transfer of Control to SBC Communications Inc. of Licenses and Authorizations Held by Ameritech Corporation, CC Docket No. 98-141, filed with the Federal Communications Commission on October 14, 1998. "Unintended Consequences: Public Policy and Wireless Competition," filed with the Federal Communications Commission on October 1, 1998. With Michael L. Katz. "Declaration of Carl Shapiro and John Hayes on Behalf of Sprint," Application by BellSouth Corporation, BellSouth Telecommunications, Inc., and BellSouth Long Distance, Inc., for Provision of In-Region, InterLATA Services in Louisiana. CC Docket No. 98-121, filed with the Federal Communications Commission in August 1998. With Carl Shapiro.

SELECTED CONSULTING ENGAGEMENTS
Developed economic evidence and testimony regarding claims of monopolization and attempted monopolization in Compuware v. IBM, 2003-2004. Prepared economic evidence on the competitive effects of enforcing a copyright in the financial services industry, 2003. Consultant to the FTC in FTC v. Unocal, 2002-2004. Evaluated the competitive effects of an on-line movie distribution venture for a group of media companies, 20022003. Estimated potential damages from price fixing in a high technology industry, 2002-2003. Prepared economic evidence on antitrust counter claims in a patent infringement suit for a large vision care company, 2002. Consultant to litigating states in U.S. v. Microsoft, 2000-2002. Evaluated the competitive effects of minimum volume requirements for a large chemicals company, 2001-2002. Studied economic effects of minimum advertised price requirements for major music distributors, 2001-2002. Evaluated the potential for firms to exercise market power in petroleum terminaling markets for a major oil company, 2001. Studied the competitive effects of a patent pool for a group of high technology companies, 2000-2001. Consultant to Sprint PCS on the Federal Communication Commission's spectrum cap rules, 1999-2001.

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Consultant to US Airways in proposed acquisition by United Airlines, 2000-2001. Consultant to Equilon in proposed acquisition of GATX terminal facilities, 2000. Consultant to British Petroleum in proposed acquisition of Atlantic Ritchfield Company, 1999-2000. Studied the competitive effects of terminating a distribution relationship on outdoor advertising markets in Los Angeles for Metro Display Advertising, 1999. Consultant to Sprint in SBC acquisition of Ameritech and Bell Atlantic acquisition of GTE, 1998-1999. Consultant to Universal Music in proposed acquisition of Polygram Music, 1998. Evaluated Bell Operating Company interLATA applications on behalf of Sprint, 1997-1999. Assessed damages in brand name prescription drug litigation for a major pharmaceutical company, 1998.

SPEECHES
"Antitrust Harm from Hijacking Standards," New York State Bar Association Annual Meeting, January 27, 2005. "Economic Issues in British Petroleum's Acquisition of ARCO," Charles River Associates' Annual Mergers Conference, November 15, 2000. "The Competitive Mobile Wireless Telephone Market: What Role for Continued Government Intervention?" Wireless Telecommunications: Legal and Business Issues at the Federal, State and Local Levels, Law Seminars International, Seattle, Washington, January 27, 2000.

ACADEMIC PAPERS
"The Extent of the Market: Estimating the Effects of the BP-ARCO Merger," Forthcoming, Antitrust Bulletin. With Carl Shapiro and Robert Town. "Do Firms Play Exit Games? Theory and Evidence on the Strategic Role of Size in an Exit Game." Ph.D. dissertation, Department of Economics, University of Wisconsin­Madison (1994). "An Exit Game with Continuously Adjustable Output and Efficiency Differences." Working paper, Department of Economics, University of Wisconsin­Madison (1994). "Labor Market Information for the Trade and Industry Occupations." Wisconsin Board of Vocational, Technical, and Adult Education, Madison, WI (1992). With James Eisner. "Labor Market Information for Business and Marketing Occupations." Wisconsin Board of Vocational, Technical, and Adult Education, Madison, WI (1992). With Catherine M. Cotter and Ronald J. Hustedde. "Optimal Exit Strategy in a Stochastically Declining Market." Applied Microeconomics Workshop, Department of Economics, University of Wisconsin­Madison (1990).