Aspen Technology Exchange Rate by jdw44147

VIEWS: 32 PAGES: 9

More Info
									                        JOHN C. HILKE, Ph.D.
                    Independent Economic Consultant
      Antitrust, Regulation, and Privatization Analysis and Testimony
                                 (April 2010)

                            17250 NE 156th Court
                           Woodinville, WA 98072
                               (425) 877-1554
                            jchilke@comcast.net
                              hilkeconsult.com

EMPLOYMENT:

May 2005 - Present: Independent Economic Consultant.

1997 - 2005: Economist & Electricity Project Coordinator, Federal Trade
Commission, Bureau of Economics, Division of Economic Policy Analysis.
(Retired April 2005.)

1982 - 1997: Economist, Federal Trade Commission, Bureau of Economics,
Division of Economic Policy Analysis (Division of Industry Analysis).

1979 - 1982: Assistant to the Director, Federal Trade Commission, Bureau of
Economics.

1978 - 1979: Economist, Federal Trade Commission, Bureau of Economics,
Division of Economic Evidence (Antitrust).

1977 - 1978: Visiting Lecturer in Public Administration and Economics, Cornell
University Graduate School of Business and Public Administration teaching
courses on economic principles for management, economic foundations of public
policy, and public finance and budgeting.

EDUCATIONAL BACKGROUND:

CORNELL UNIVERSITY, Ph.D. in Public Policy and Economics, May 1978; M.A.
in Business and Public Policy with minors in Managerial Economics and
Organizational Theory and Behavior, January 1976.

SWARTHMORE COLLEGE, B.A. with High Honors in Economics (major) and
Political Science (minor), June 1973.
ECONOMIC EXPERT TESTIMONY AND PRESENTATIONS:

Deposed, filed an Economic Expert Report and an Economic Expert Rebuttal
Report in the matter of Aspen Technology Corporation, Federal Trade
Commission Docket No. 9310 (2004). Deposed, filed an Economic Expert
Report and filed a Supplemental Economic Expert Report in the matter of
MSC.Software Corporation, Federal Trade Commission Docket No. 9299 (2002).
Deposed, filed an Economic Expert Report, and testified in the matter of FTC v
Heinz Company and Milnot Holdings, U.S. District Court for the District of
Columbia Docket No. CA 00-1688 JR (2000). Deposed and testified in the
matter of R.R. Donnelley & Sons Company and Pan Associates, L.P., Federal
Trade Commission Docket No. 9243 (1993); in the matter of Coca-Cola
Southwest, Federal Trade Commission Docket No. 9215 (1990); in the matter of
Coca-Cola Company, Federal Trade Commission Docket No. 9207 (1990); and
in the matter of General Foods Corporation, Federal Trade Commission Docket
No. 9085 (1981). Prepared as an economic expert in numerous other merger
and non-merger antitrust cases that did not go to trial.

Testified before the U.S. Postal Rate Commission (1989); the National
Association of Attorneys General (1998); the Public Utilities Commission of
Nevada (1998); the Public Utilities Commission of Ohio (1998); the Nevada
Senate and Assembly committees concerned with electricity regulation (1999),
and the Federal Energy Regulatory Commission (market power mitigation
(2002); power purchase agreements and asset transfers involving utility affiliates
(2004), and market power screens involving transmission access discrimination
and creation of barriers to entry (2004)).

Presented lectures or participated on panels at numerous conferences and
workshops including Infocast; American Antitrust Institute; National Association
of Regulatory Utility Commissioners; Pennsylvania Bar Association; National Bar
Association, Antitrust Section; National Association of Attorneys General;
European University Institute, R. Schuman Centre; University of Toulouse;
Federal Energy Regulatory Commission; American Economic Association;
Organization for Economic Cooperation and Development; and the ASEAN
Executive Development Program.

CONSULTING:

Recent consulting work conducted for the U.S. Federal Trade Commission,
electricity competition advocacy program, 2005-present; U.S. Federal Trade
Commission litigation support (confidential), 2010; Organization for Economic
Cooperation and Development, 2005-2010; Inter-American Development Bank
and Jamaica Fair Trading Commission, 2007-2009; National Law Center for
Inter-American Free Trade, 2008-present; law firm (confidential), 2008-present.
Earlier consulting work conducted for the U.S. Department of Justice, the New




                                        2
York State Economic Development Board, the Delaware County (PA) O.I.C., and
the Swarthmore Borough (PA) Planning Commission.


INTERNATIONAL ANTITRUST AND REGULATORY REFORM TRAINING
MISSIONS:

Federal Trade Commission short-term training missions and/or presentations in
Austria, Azerbaijan, Bulgaria, Hungary, Indonesia, Macedonia, Romania,
Russian Federation, Peru, South Africa, and Thailand.

Extensive antitrust and litigation training for the staff of the Jamaica Fair Trading
Commission.

Evaluation and recommendations regarding the competition advocacy program
for the Mexican CFC (Competition Commission).

PUBLICATIONS:

“Background Note by the Secretariat,” OECD, Working Party No. 2 on
Competition and Regulation, Roundtable on “Competition Policy for Vertical
Relationships in Gasoline Retailing,” (with Marta Troya-Martinez) held October
2008, final issuance on 20 May 2009, available at
http://www.oecd.org/dataoecd/1/22/43040511.pdf.

“Background Note by the Secretariat, OECD, Working Party No. 2 on
Competition and Regulation, Roundtable on “Market Studies,” held June 2008,
final issuance on 21 November 2008, available at
http://www.oecd.org/dataoecd/47/54/41721965.pdf.

“Economics, Competition, and Costs in Restructuring U.S. Electricity Markets,”
Review of Industrial Organization 32:3-4 (May 2008), pp. 289-296.

"Comments on Peter Carstensen's 'Creating Workably Competitive Wholesale
Markets in Energy: Remedies for Market Power and Its Abuse,'" Environmental &
Energy Law & Policy Journal 1:1 (2006), pp. 155-169.

“Background Note by the Secretariat,” Fourth Latin American Competition Forum,
Roundtable on “Improving Relationships between Competition Policy and
Sectoral Regulation,” held 11 July 2006, available at:
http://www.bid.org.uy/europe/index.php?file=news_and_events/2006/LACF2006/
BackgroundPaperSes1_John_hilke_EN.pdf.

“Background Note by the Secretariat,” OECD, Working Party No. 2 on
Competition and Regulation, Roundtable on “Securing Access to Key Capacity




                                          3
for New Entrants,” held February 2006, final issuance on 9 November 2006,
available at http://www.oecd.org/dataoecd/39/14/37981556.pdf.

“Background Note by the Secretariat,” OECD, Working Party No. 2 on
Competition and Regulation, Roundtable on “Resale Below Cost Laws and
Regulations,” held October 2005, final issuance on 23 February 2006, available
at http://www.oecd.org/dataoecd/13/30/36162664.pdf.

"A Consumer Self-Defense Perspective on Electricity Markets," Loyola University
Chicago Law Journal 33:4 (Summer 2002), pp. 805-811.

"Joining the Electric Industry Policy Debate at the State Level," in Amato, G., and
L. Laudati, Eds., The Anticompetitive Impact of Regulation, Northhampton, MA.,
Edward Elgar, 2001, pp. 378-393.

"Convergence Mergers: A New Competitive Model from Detroit," Electricity
Journal, 14:8 (October 2001), pp. 13-18.

Competition and Consumer Protection Perspectives on Electric Power
Regulatory Reform: Focus on Retail Competition (with other FTC staff),
Washington, D.C.: Federal Trade Commission, September 2001.

"Who Turned Out the Lights? Competition and California's Power Crisis," (with
Michael Wise) Antitrust 15:3 (Summer 2001), pp. 76-81.

"The Federal Trade Commission and Electric Power Industry Restructuring,"
National Regulatory Research Institute Quarterly Bulletin, 21:1 (Autumn 2000),
pp. 1-26.

Competition and Consumer Protection Perspectives on Electric Power
Regulatory Reform (with other FTC staff), Washington, D.C.: Federal Trade
Commission, July 2000.

Transformation and Continuity: The U.S. Carbonated Soft Drink Bottling Industry
and Antitrust Policy Since 1980 (with Harold Saltzman and Roy Levy),
Washington, D.C.: Federal Trade Commission, November 1999.

"From Open Access to Convergence Mergers: An Antitrust Perspective on the
Transition to Electricity Competition" (with Jonathan B. Baker), Power, 3:1
(Winter 1998), pp. 3-8.

"Review of Strategy, Structure, and Antitrust in the Carbonated Soft-Drink
Industry, Review of Industrial Organization, 12:2 (April 1997), pp. 295-299.




                                         4
Anticipating the 21st Century: Competition Policy in the New High-Tech, Global
Marketplace (with other Planning Policy Office staff), Washington, D.C.: Federal
Trade Commission, 1996.

The Economics of Entry Lags: A Theoretical and Empirical Overview," (with
Philip B. Nelson) Antitrust Law Journal, 61:2 (Winter 1993), pp. 365-385.

"Review of Competition and Concentration: The Economics of the Carbonated
Soft Drink Industry," Review of Industrial Organization, 8:5 (October 1993), pp.
645-648.

"Cost Savings from Privatization: A Compilation of Study Findings," How To
Guide (6), Los Angeles: Reason Foundation Privatization Center, 1993.

Competition in Government-Financed Services, New York: Quorum Books, 1992.

"Retail Featuring as a Strategic Entry or Mobility Barrier in Manufacturing," (with
Philip B. Nelson), International Journal of Industrial Organization, Vol. 9, 1991,
pp. 533-44.

"Mandatory Government Investment 'Advice': The Effects on Investors of State
Merit Regulation of Mutual Funds and Common Stocks," Research in Law and
Economics, Vol 14, 1991, pp. 113-190.

"Review of Focusing Market Definition: How Much Substitution Is Necessary?," in
Lande, R., Ed., Manual on Economics and Antitrust Law, American Bar
Association, Antitrust Section, Ninth Supplement, Fall 1991, pp. 1-26 to 1-28.

"Geographic Market Definition in an International Context," (with George Hay and
Philip B. Nelson), Chicago-Kent Law Review 64:3 (1989), pp. 711-739.
Reprinted in Hawk, B., Ed., International Mergers and Joint Ventures, Annual
Proceedings of the Fordham Corporate Law Institute, Ardsley-on-Hudson, N.Y.:
Transnational Juris Publications, Inc., 1991. Also reprinted in First, H., E. Fox,
and R. Pitofsky, Revitalizing Antitrust in Its Second Century: Essays on Legal,
Economic, and Political Policy, New York: Quorum Books, 1991.

"An Empirical Note from Case Documents on the Economies of Network
Television Advertising," (with Philip B. Nelson), Review of Industrial Organization
4:1 (Spring 1989), pp. 131-145.

"Strategic Behavior and Attempted Monopolization: The Coffee (General Foods)
Case," (with Philip B. Nelson) in Kwoka, J., and L. White, editors, The Antitrust
Revolution, New York: Scott Foresman, 1989, pp. 208-240.

"Diversification and Predation," (with Philip B. Nelson), Journal of Industrial
Economics 27:1 (September 1988), pp. 107-111.



                                          5
"One Step Forward and Two Steps Backward at the SEC?" Journal of
Accounting Auditing and Finance 3:2 (Spring 1988), pp. 171-175.

"Free Trading or Free Riding: An Examination of the Theories and Available
Evidence on Gray Market Imports," World Competition Law and Economics
Review 32 (February 1988), pp. 75-92. Reprinted in Towse, Ruth, and Rudy
Holzhauer, Ed., The Economics of Intellectual Property, Vol. 4, Competition and
International Trade, Cheltenham, UK, Elgar (2002).

U.S. International Competitiveness: Evolution or Revolution (with Philip B.
Nelson), New York: Praeger Press, 1988.

Minimum Quality Versus Disclosure Regulations: State Regulation of Interstate
Opened-end Investment Company and Common Stock Issues, Washington,
D.C.: Federal Trade Commission, 1988.

"Caveat Innovator: Strategic and Structural Characteristics of New Product
Introductions," (with Philip B. Nelson), Journal of Economic Behavior and
Organization 8 (1987), pp. 213-229.

International Competitiveness and the Trade Deficit (with Philip B. Nelson),
Washington, D.C.: Federal Trade Commission, 1987.

"Early Mandatory Disclosure Regulations," International Review of Law and
Economics, 6 (December 1986), pp. 229-239.

"The Impact of Volunteer Fire Fighters on Local Government Spending and
Taxation," Municipal Finance Journal, 7:1 (Winter 1986), pp. 33-44.

"Regulatory Compliance Costs and LIFO: No Wonder Small Companies Haven't
Switched," Journal of Accounting, Auditing and Finance, (New Series) 1:1
(Winter 1986), pp. 17-29.

"Review of American Industry in International Competition," American Journal of
Agricultural Economics, (November 1984), pp. 538-539.

"Excess Capacity and Entry: Some Empirical Evidence," Journal of Industrial
Economics, 33:2 (December 1984), pp. 233-240.

Firm Size and Regulatory Compliance Costs: The Case of LIFO Regulations,
Washington, D.C.: Federal Trade Commission, 1984.

"Noisy Advertising and the Predation Rule in Antitrust Analysis," (with Philip B.
Nelson), American Economic Review, 74:2 (May 1984), pp. 367-371.




                                         6
"Antitrust Policy and the Market Concentration Doctrine: A Response," (with
Philip B. Nelson), Journal of Business Economics (March 1981), pp. 17-21.

"Voluntary Contributions and Monitoring Effects," Journal for the Scientific Study
of Religion 19:2 (June 1980), pp. 138-145.

"Advertising Predation and the Areeda-Turner and Williamson Rules," FTC
Working Paper No. 18, October 1979, and Journal of Reprints for Antitrust Law
and Economics, 10:1 (1980), pp. 376-398.

Determinates of Property Assessment Differentials with Emphasis on Delaware
County, Pa. (with other National Science Foundation project participants),
Swarthmore, Pa.: N.S.F., 1973.

OTHER PAPERS:

Various competition advocacy comments filed before the U.S. Department of
Energy, U.S. Postal Rate Commission, the U.S. Securities and Exchange
Commission, the Federal Reserve Board, the U.S. Customs Service, the Federal
Energy Regulatory Commission and the states of Alabama, Arizona, Arkansas,
California, Georgia, Louisiana, Maine, Massachusetts, Michigan, Mississippi,
Nevada, New Mexico, South Carolina, Texas, Virginia, and West Virginia. FTC
and FTC competition advocacy comments issued since the mid-1990s are
available on the FTC website.

"Observations on the History of Transmission Open Access and Revisiting the
Issue of Efficiency Incentives for Regional Transmission Organizations," paper
presented at the American Antitrust Institute conference on Open Access
Revisited (January 11, 2005) and available on the AAI website.

Reforming Russian Infrastructure for Competition and Efficiency, Paris: OECD,
2001 (contributing participant).

Written Contribution from the United States of America for the Organization for
Economic Cooperation and Development, Working Party No. 2 on Competition
and Regulation, Round Table on "Local Services Competition, Promoting
Competition in Local Services: Solid Waste Management," (with Mark Cohen),
Paris, October 18, 1999.

Written Contribution from the United States of America for the Organization for
Economic Co-operation and Development, Working Party No. 2 on Competition
and Regulation, Roundtable on "Competition Issues in the Electricity Sector,"
Paris, October 21, 2002 [DAFFE/ COMP/WP2/WD(2002)30].

Written Contribution from the United States of America for the Organization for
Economic Co-operation and Development, Working Party No. 2 on Competition



                                         7
and Regulation, Roundtable on "Non-Commercial Service Obligations and
Liberalization" (postal and electricity sections), Paris, October 13, 2003.

"Market Definition and Market Power in Light of Global Competition," staff
background paper for the Federal Trade Commission Hearings on Competition
Policy in the New High-Tech, Global Marketplace (October 1995).

"Sources of Cost Savings: Why the Critics Are Wrong," in Privatization
Revolution, New York: Global Business Research, 1994.

"Statement of Dr. John C. Hilke, Economist, and Dr. Michael G. Vita, Deputy
Assistant Director, Division of Economic Policy Analysis, Bureau of Economics,
Federal Trade Commission" in Monopoly Theory Inquiry, Docket No. RM89-4,
Washington, D.C.: U.S. Postal Rate Commission, November 1989, pp. 357-390.

"Comments of the Bureaus of Competition, Consumer Protection and Economics
of the Federal Trade Commission on Gray Market Policy Options Facing the
United States Customs Service," Congressional Record - Senate (April 27,
1987), pp. S5525-S5531.

"The Relationship Between FTC Activities and Private Sector Technological
Growth," (with Charles B. Goldfarb), Federal Trade Commission memorandum
for the Domestic Policy Review on Innovation (October 1978).

HONORS AND FELLOWSHIPS:

Federal Trade Commission Outstanding Team Effort Award, 2002.
Federal Trade Commission Francis Walker Award (Economics) for 1998.
Federal Trade Commission Outstanding Team Effort Award, 1996.
Federal Trade Commission Outstanding Team Effort Award, 1995.
Federal Trade Commission Francis Walker Award (Economics) for 1994.
Federal Trade Commission Meritorious Service Award, 1994.
Federal Trade Commission Competition Advocacy Award for 1989.
Federal Trade Commission Outstanding Scholarship Award for 1987.
Cornell University First Year and Continuing Graduate Fellowships, 1973-76.
Herbert H. Lehman Graduate Fellowship of the State of New York, 1973-77.
Phi Kappa Phi (Cornell University Chapter).
Swarthmore College Presidential Nominating Committee 1972-73.
Swarthmore College Council on Educational Policy 1971-72.

MEMBERSHIPS:

American Bar Association, Antitrust Section
American Economic Association
Industrial Organization Society
International Competition Network



                                        8
PERSONAL INFORMATION:

Date of Birth: November 26, 1950.
Place of Birth: Lackawanna, New York.
Family: Married to Deborah D. Hilke, Ph.D.
two children (and two grandchildren).

REFERENCES:

References available upon request.




                                      9

								
To top