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Extract to table / litigation-strategy-memo-post-mtd.docx
litigation-strategy-memo-post-mtd.docx
Parties
HARKNESS LLP
Halcyon Semiconductor Americas Inc
Stonebridge Analytics LLC
Kowalski LLP
Meridian Photonics Inc
Meridian's Business Meridian Photonics Inc
Cascadia Cloud Services Inc
Northstar Digital Infrastructure LLC
Dates
July 10, 2023
July 7, 2023
July 21, 2023
July 11, 2023
September 8, 2022
October 3, 2022
November 14, 2022
January 31, 2023
April 10, 2023
April 17, 2023
Amounts
$600,000
$700,000. 2
$2.15
$2.2
$50
$385
$62
$28
$3,800,000
$875
Obligations
While the legal burden of proof remains with the AG, the reality is that a post-merger HHI of 4,050 with a delta of 1,232 creates a significant evidentiary headwind that we must overcome through expert economic analysis and factual evidence of market dynamism, efficiencies, and competitive alternatives
Fourth, the court's willingness to entertain the AG's vertical foreclosure theory — even at the pleading stage — means we must take this theory seriously and prepare a comprehensive rebuttal
While these numbers are calculated using the AG's narrow market definition, which we will challenge, they create a significant structural presumption that we must affirmatively rebut with economic evidence