MORGAN, LEWIS & BOCKIUS LLPRichard S. Taffet (pro hac vice)

richard.taffetmorgan1ewis.com

Willard K. Tom (pro hac vice)

wi1lard.tommorgan1ewis.com

Geoffrey T. Holtz (SBN 191370)

geoffrey.holtzmorgan1ewis.corn

One Market, Spear Street Tower

San Francisco, CA 94105-1596

Telephone: (415) 442-1000Facsimile: (415) 442-1001

Attorneys for Defendant

QUALCOMM fNCORPORATED

QUALCOMM INCORPORATED, a

Delaware corporation,

Defendant.

Telephone: (415) 391-5400

Facsimile: (415) 397-7188

Case No. 5:17-CV-00220-LHK-NMC

DECLARATION OF M. BRENT

BYARS IN SUPPORT OF

QUALCOMM’S OPPOSITION TO

FEDERAL TRADE

COMMISSION’S MOTION TO

EXCLUDE EXPERT TESTIMONY

OF DR. EDWARD SNYDER

Courtroom: 8, 4th Floor

Judge: Hon. Lucy H. Koh

Declaration of M. Brent Byars

Case No. 5:17-cv-00220-LHK-NMC

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION

Plaintiff,

v.

28
1 DECLARATION OF M. BRENT BYARS

2 I, M. Brent Byars, hereby declare as follows:3 1. I am an associate at Cravath, Swaine & Moore LLP, counsel of record for

4 Defendant Qualcomm Incorporated (“Qualcomm”) in federal Trade Commission v.

5 Qualcomm Incorporated, Case No. 17-cv-00220-LHK-NMC. I submit this declaration in6 support of Qualcomm’s Opposition to Federal Trade Commission’s Motion to Exclude7 Expert Testimony of Professor Edward Snyder (the “Opposition”). I have personal8 knowledge ofthe facts set forth herein, or my knowledge is based upon my review of

9 records ofthis case. If called upon as a witness in this action, I could and would testify

1 fl -‘mi,,fpiif1t, frfr11 2. Attached as Exhibit A is a true and correct copy of page 138 of the12 Rebuttal Expert Report of Prof. Carl Shapiro, which was produced in this litigation by the13 federal Trade Commission.14 3. Attached as Exhibit B is a true and correct copy of pages 17-28, 43, 54-55,15 65-76, 85-96, 102-103 and 157-172 of the deposition testimony of Dr. Edward A. Snyder.16 4. Attached as Exhibit C is a true and correct copy of pages 56-6 1 and 197 of17 the deposition testimony of Dr. Carl Shapiro.18 5. Attached as Exhibit D is a true and correct copy of”An Analysis of19 Vendor Selection Systems and Decisions” (Journal ofPurchasing, Vol. 2, No. 1, 1966)

20 by Gary W. Dickson.21 6. Attached as Exhibit E is a true and correct copy of pages 1-14, 94, and 61422 ofIndustrial Market Structure and Economic Performance (Houghton Mifflin Company,23 3d ed. 1990) by F. M. Scherer and David Ross.

Case 5:17-cv-00220-LHK Document 875-4 Filed 09/25/18 Page 2 of 6
6 History, Structure, and Competition in the U.S. Airline Industry” (Journal ofAviation /

7 Aerospace Education & Research, Vol. 7, No. 1, fall, 1996) by Gerald N. Cook8 11. Attached as Exhibit J is a true and correct copy of “Technological

9 Competition and the Structure of the Computer Industry” (Journal ofIndustrial

10 Economics, Vol. 47, No. 1, March 1999) by Timothy Bresnahan and Shane Greenstein.

11 12. Attached as Exhibit K is a true and correct copy of pages 175-179 of

12 “Information Rules: A Strategic Guide to the Network Economy” (Harvard Business

13 School Press, 1999) by Carl Shapiro and Hal R. Varian.14 13. Attached as Exhibit L is a true and correct copy of pages xiii-xvii of The

15 Prize: the Epic Questfor Oil, Money & Power (Free Press, 2009) by Daniel Yergin.16 14. Attached as Exhibit M is a true and correct copy of “Some Economic

17 Aspects of Antitrust Analysis in Dynamically Competitive Industries (MIT Press, Vol 2,

18 edited by Adam B. Jaffee in Innovation Policy and the Economy, 2002) by David S.

19 Evans and Richard Schmalensee.

20 15. Attached as Exhibit N is a true and correct copy of pages xi-xiii of Paying’

21 with Plastic (MIT Press, 2nd ed. 2005) by David S. Evans and Richard Schmalensee.22 16. Attached as Exhibit 0 is a true and correct copy of “Supply Chain

23 Capital: The Impact of Structural and Relational Linkages on Firm Execution and

24 Innovation” (Journal ofBusiness Logistics, Vol. 29, No. 1, 2008) by Chad W. Autry and

25 Stanley Griffis.

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27 Declaration of M. Brent Byars

Case No. 5:17-cv-00220-LHK-NMC

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1 17. Attached as Exhibit P is a true and correct copy of pages 1-3 of Chapter 1

2 (“Economic Evidence in Antitrust: Defining Markets and Measuring Market Power) in

3 Handbook ofAntitrust Economics, “(MIT Press, 2008) by Jonathan B. Baker and

4 Timothy F. Bresnahan.

5 12. Attached as Exhibit Q is a true and correct copy of pages of “Empirical6 Industrial Organization: A Progress Report” (Journal ofEconomic Perspectives, Vol. 24,

7 No. 2, Spring 2010) by Liran Einav and Jonathan Levin.

8 19. Attached as Exhibit R is a true and correct copy of pages “A Model of

9 Technological Progress in the Microprocessor Industry” (Journal ofIndustrial

in rn,irni,i,-. VnI T YT ‘Mn flp 71U hv ITni, Pi11,i

11 20. Attached as Exhibit S is a true and correct copy of § 36.03 of “Antitrust

12 Counseling and Litigation Techniques (Matthew Bender Elite Products, 2018) by Julian13 0. von Kalinowski.

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Case 5:17-cv-00220-LHK Document 875-4 Filed 09/25/18 Page 4 of 6
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Case 5:17-cv-00220-LHK Document 875-4 Filed 09/25/18 Page 6 of 6