UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
v.
VISA U.S.A. INC.,
VISA INTERNATIONAL CORP.,AND
MASTERCARD INTERNATIONAL
INCORPORATED,
Defendants.
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Civil Action No. 98-7076 (BSJ) |
SCHEDULE OF DOCUMENTS TO THE DECLARATION OF JOEL I. KLEIN
As described in the Declaration of Joel I. Klein, the following is a schedule of documents
responsive to Visa U.S.A.'s request for economic memoranda (as described in its Motion to
Compel and clarified in subsequent correspondence among counsel). All of the documents are
intra-Antitrust Division communications concerning its investigation of Visa U.S.A. and the
credit card industry that culminated in this litigation. The Division maintains that these
documents are protected from discovery by both the deliberative process privilege and the work
product doctrine.
Any facts found in the listed documents were selected by the document's author(s) from
materials (1) produced to the Antitrust Division by the defendants in this action, (2) produced by
the Antitrust Division to defendants, or (3) available from public sources. Moreover, any facts
contained in the documents are not segregable in that they reflect the author's or authors'
selective judgment or opinion about which particular facts to include for review and, in many
cases, are inextricably intertwined with the author's or authors' opinions, thoughts, and analyses
concerning those facts.
The titles of the authors and recipients listed herein are as follows:
Andrew R. Dick Economist, Economic Analysis Group
Rebecca P. Dick Director of Civil Non-Merger Enforcement
Susan L. Edelheit Assistant Chief, Civil Task Force
Ian Gale (Former) Economist, Economic Analysis Group
Richard J. Gilbert (Former) Deputy Assistant Attorney General
Andrew Joskow (Former) Deputy Assistant Attorney General
Joel I. Klein Assistant Attorney General
M.J. Moltenbrey Chief, Civil Task Force
John M. Nannes Deputy Assistant Attorney General
Alexander Raskovich Economist, Economic Analysis Group
George A. Rozanski Chief, Economic Reg. Section, Economic Analysis
Group
Steven Semeraro Trial Attorney, Civil Task Force
Marius Schwartz Director of Economic Enforcement
Melvin A. Schwarz Special Counsel for Civil Enforcement
Robert Town (Former) Economist, Economic Analysis Group
Gregory J. Werden Chief, Appellate Liaison Unit, Economic Analysis
Group
K. Craig Wildfang (Former) Trial Attorney, Civil Task Force
In addition, Plaintiff has not logged preliminary drafts of any documents listed below due to its
understanding of Visa U.S.A.'s request and the unnecessary burden of such an undertaking.
- P-1: A three page, undated collection of notes by Andrew Dick concerning
a September 1996 bank presentation to the Antitrust Division in connection
with the Antitrust Division's credit card investigation. The notes
reflect the author's summary of the presentation, including the author's
thoughts and analyses of the possible competitive effects of Visa's
and MasterCard's exclusionary rules.
- P-2: A nine page memorandum dated September 26, 1996 from Andrew
Dick and Alexander Raskovich to George Rozanski. The memorandum evaluates
arguments made by a card network's economic expert to the Antitrust
Division in September 1996.
- P-3: A five page memorandum dated October 4, 1996 from Andrew Dick
to George Rozanski and Alexander Raskovich. The memorandum identifies
and analyzes issues for further investigation in light of information
obtained from interviews of industry participants.
- P-4: A nine-page memorandum dated November 7, 1996 from Andrew
Dick and Alexander Raskovich to George Rozanski. The memorandum reviews
and critiques arguments presented by a credit card network's economic
expert to the Antitrust Division in October 1996.
- P-5: A twelve page memorandum dated November 21, 1996 from Andrew
Dick and Alexander Raskovich to George Rozanski. The memorandum outlines
and assesses theories of competitive harm resulting from Visa's and
MasterCard's practices.
- P-6: An eight page memorandum dated December 13, 1996 from Andrew
Dick and Alexander Raskovich to George Rozanski. The memorandum outlines
and assesses potential relief options in the credit card investigation.
- P-7: A three page memorandum dated January 15, 1997 from George
Rozanski to Andrew Joskow. The memorandum summarizes and assesses
the arguments relating to potential relief options in the credit card
investigation.
- P-8: An eight page memorandum and two page appendix dated January
15, 1997 from Andrew Dick and Alexander Raskovich to George Rozanski.
The memorandum discusses, reviews and assesses potential relief options
in the credit card investigation. The appendix describes the economic
assumptions underlying certain calculations found in the memorandum.
- P-9: A three page, undated memorandum from Andrew Dick and Alexander
Raskovich to Rebecca Dick. The memorandum reviews potential relief
options in the credit card investigation.
- P-10: A nine page memorandum dated March 27, 1997 from Andrew Dick
and Alexander Raskovich to George Rozanski. The memorandum summarizes
the authors' analysis and assessment of the evidence relating to the
economic issues involved in the credit card investigation and makes
recommendations on pursuing relief.
- P-11: An eighteen page memorandum dated March 27, 1997 from Andrew
Dick and Alexander Raskovich to George Rozanski. The memorandum summarizes
and assesses quantitative evidence on retail bank relationships in
bank-card issuance and merchant acquisition.
- P-12: A five page memorandum dated March 27, 1997 from George Rozanski
to Andrew Joskow. The memorandum summarizes and assesses the economic
issues relating to the credit card investigation and provides thoughts,
recommendations and conclusions.
- P-13: A seven page memorandum dated April 9, 1997 from Andrew Dick
and Alexander Raskovich to George Rozanski. The memorandum assesses
litigation strategy and potential relief options relating to the credit
card investigation.
- P-14: A seven page, undated collection of notes by Andrew Dick
and Alexander Raskovich. The notes reflect the authors' comments on
draft litigation documents.
- P-15: A twenty-two page memorandum dated June 20, 1997 from Andrew
Dick and Alexander Raskovich to George Rozanski. The memorandum evaluates
a card network's claims relating to retail banking relationships and
card issuance.
- P-16: A thirteen page memorandum dated July 1, 1997 from Andrew
Dick and Alexander Raskovich to George Rozanski. The memorandum critiques
and analyzes the presentations by a bank to AAG Klein and other Antitrust
Division officials and staff relating to the credit card investigation.
- P-17: A three page, undated collection of notes by Andrew Dick.
The notes outline and assess various credit card investigation issues
in preparation for an internal Antitrust Division meeting with a Deputy
Assistant Attorney General.
- P-18: A five page, undated collection of notes by Andrew Dick and
Alexander Raskovich. The notes reflect the author's comments on draft
litigation documents.
- P-19: A two page memorandum dated September 25, 1997 from Andrew
Dick to George Rozanski. The memorandum provides an assessment of
economic theories relating to the credit card investigation.
- P-20: A thirteen page memorandum dated August 8, 1997 from Andrew
Dick and Alexander Raskovich to George Rozanski. The memorandum evaluates
barriers to entry into debit card issuance.
- P-21: A two page, undated collection of notes by Andrew Dick. The
notes outline and assess various credit card investigation issues
in preparation for an internal Antitrust Division meeting with a Deputy
Assistant Attorney General.
- P-22: A seven page memorandum dated October 30, 1997 from Andrew
Dick and Alexander Raskovich to George Rozanski. The memorandum provides
economic analysis of potential relief proposals in the credit card
investigation.
- P-23: A seventeen page memorandum dated November 18, 1997 from
Andrew Dick and Alexander Raskovich to George Rozanski. The memorandum
analyzes evidence of competitive harm in card network competition.
- P-24: A four page memorandum dated October 31, 1997 from Andrew
Dick and Alexander Raskovich to George Rozanski. The memorandum reflects
the authors' comments on draft litigation documents.
- P-25: A four page, undated collection of notes by Andrew Dick and
Alexander Raskovich. The notes provide comments on draft litigation
documents.
- P-26: A twelve page memorandum dated January 13, 1998 from Andrew
Dick and Alexander Raskovich to George Rozanski. The memorandum critiques
and analyzes the presentations by a Visa-member bank to Antitrust
Division officials and staff relating to the credit card investigation.
- P-27: A twenty-five page memorandum dated January 29, 1998 from
Andrew Dick and Alexander Raskovich to George Rozanski. The memorandum
analyzes the competitive effects of Visa's and MasterCard's rules
barring their members from issuing cards on competing networks.
- P-28: A twelve page memorandum dated March 5, 1998 from Andrew
Dick and Alexander Raskovich to George Rozanski. The memorandum analyzes
economic aspects of potential relief measures relating to the credit
card investigation.
- P-29: A five page, undated collection of notes by Andrew Dick and
Alexander Raskovich. The notes provide comments on a draft litigation
document.
- P-30: A thirteen page collection of notes dated March 12, 1998
by Andrew Dick and Alexander Raskovich. The notes were distributed
at an internal meeting of Antitrust Division officials and staff concerning
potential relief measures relating to the credit card investigation.
- P-31: A five page memorandum dated March 27, 1998 from Andrew Dick
and Alexander Raskovich to George Rozanski. The memorandum analyzes
economic issues concerning potential relief measures relating to the
credit card investigation.
- P-32: A three page memorandum dated October 1, 1998 from Andrew
Dick and Alexander Raskovich to George Rozanski. The memorandum provides
analysis and recommendations concerning potential relief measures
relating to the credit card investigation.
- P-33: A seven page memorandum dated October 2, 1998 from Marius
Schwartz to John Nannes, Rebecca Dick, M.J. Moltenbrey and George
Rozanski. The memorandum provides economic analysis and recommendations
concerning potential relief measures relating to the credit card investigation.
- P-34: A sixteen page, undated working memorandum by Andrew Dick
and Alexander Raskovich constituting continuing analysis of economic
theories and issues relating to Visa's restrictive by-laws.
- P-35: A four page, undated collection of notes by Andrew Dick and
Alexander Raskovich. The notes, distributed to AAG Klein and other
Antitrust Division officials and staff, provide economic analysis
of issues relating to the credit card investigation, critique arguments
proffered by a bank and its experts to the Antitrust Division, and
identify tasks to be undertaken in connection with the investigation.
- P-36: A two page, undated memorandum from Andrew Dick and Alexander
Raskovich to George Rozanski. The memorandum provides the authors'
answers to questions posed by the Assistant Attorney General regarding
economic issues relating to the credit card investigation.
- P-37: An eight page, undated collection of notes by Andrew Dick
and Alexander Raskovich to George Rozanski. The notes outline and
analyze empirical projects relating to market definition issues.
- P-38: A fifteen page, undated collection of calculations and analyses
created by Andrew Dick and Alexander Raskovich in connection with
the drafting of memorandum P-27 and distributed to AAG Klein and other
Antitrust Division officials and staff.
- P-39: A one page, undated collection of notes by Alexander Raskovich
providing thoughts, opinions and reactions to issues raised by credit
card investigation staff.
- P-40: A twenty-four page, undated chart and collection of notes
created by Andrew Dick and Alexander Raskovich compiling credit card-related
statistics and factual information relating to individual Visa-member
banks.
- P-41: A three page, undated collection prepared by Andrew Dick
of citations to evidence relating to various credit card investigation
issues.
- P-42: A five page, undated collection of notes created by Andrew
Dick and Alexander Raskovich providing comments on a draft litigation
document.
- P-43: A one page, undated chart created by Andrew Dick compiling
credit card statistics from publicly-available sources at the request
of AAG Klein and distributed to the AAG and other Antitrust Division
officials and staff.
- P-44: A two page, undated set of notes by Andrew Dick providing
analysis of data relating to credit card advertising.
- P-45: A seventeen page collection of charts created by Andrew Dick
and Antitrust Division attorneys relating to credit card-related market
shares, prepared for senior Antitrust Division officials.
- P-46: A two page, undated list compiled by Andrew Dick of citations
to evidence relating to specific credit card investigation issues.
- P-47: A two page, undated list compiled by Andrew Dick of information
sources on the credit card industry with annotations relating to specific
credit card investigation issues.
- P-48: A sixty-seven page, undated analysis and econometric study
performed by Andrew Dick and Alexander Raskovich evaluating quantitative
evidence. The results of this study were used in the drafting of memorandum
P-15.
- P-49: A forty-four page, undated collection of notes by Andrew
Dick analyzing data. The results of this analysis were used in drafting
memoranda P-11 and P-27.
- P-50: A thirty page, undated collection of notes by Andrew Dick
consisting of data analysis and econometric studies used in the drafting
of memorandum P-27.
- P-51: A three-page, undated memorandum by Andrew Dick and Alexander
Raskovich outlining a model to be used for numerical simulations of
economic harm caused by restraints on competition among card networks.
- P-52: A twenty-eight page, undated collection of notes by Andrew
Dick reflecting analysis and econometric studies used in the drafting
of memorandum P-8.
- P-53: A two page, undated analysis and outline of possible empirical
projects created by Andrew Dick and Alexander Raskovich.
- P-54: A four page memorandum dated February 21, 1995 by Ian Gale
to George Rozanski. The memorandum analyzes the impact of a card network's
regulations constraining the ability of banks to issue proprietary
cards.
- P-55: A two page memorandum dated October 17, 1994 from Ian Gale
to K. Craig Wildfang, commenting on a legal analysis drafted by Antitrust
Division attorneys.
- P-56: An eight page memorandum dated June 10, 1994 from Alexander
Raskovich to George Rozanski. The memorandum outlines and analyzes
competitive issues arising from restraints on competition among card
networks.
- P-57: A two page memorandum dated April 1, 1997 from George Rozanski
to AAG Klein analyzing arguments made by a card network's economic
expert to the Antitrust Division.
- P-58: A one page memorandum dated May 9, 1997 from Alexander Raskovich
to George Rozanski and Andrew Dick. The memorandum outlines and assesses
economic theories advanced by a card network's economic expert.
- P-59: A one page memorandum dated May 29, 1997 from Alexander Raskovich
to Andrew Dick and George Raskovich. The memorandum outlines potential
theories for analyzing a publicly available data set.
- P-60: A one page memorandum dated November 15, 1997 from Andrew
Dick to Rebecca Dick, George Rozanski and Alexander Raskovich. The
memorandum analyzes economic theories associated with litigation-preparation
tasks.
- P-61: A two page memorandum dated November 11, 1997 from George
Rozanski to M.J. Moltenbrey and Susan Edelheit. The memorandum analyzes
economic arguments in connection with draft litigation documents.
- P-62: A one page memorandum dated January 21, 1998 from Andrew
Dick to George Rozanski and Alexander Raskovich. The memorandum analyzes
issues arising in the credit card investigation and proposes theories
to be used in litigation.
- P-63: A one page memorandum dated February 5, 1998 from George
Rozanski to Rebecca Dick and M.J. Moltenbrey. The memorandum analyzes
the methodology of economic analyses performed to test theoretical
relationships.
- P-64: A one page memorandum dated February 13, 1997 from George
Rozanski to Steven Semeraro providing comments on a memorandum drafted
by Antitrust Division attorneys.
- P-65: A one page memorandum dated February 8, 1996 from Alexander
Raskovich to George Rozanski commenting upon and analyzing information
obtained from a credit card network.
- P-66: A one page memorandum dated February 8, 1996 from Alexander
Raskovich to credit card investigation economists and attorneys commenting
on draft investigation-related documents.
- P-67: A one page memorandum dated January 22, 1996 from George
Rozanski to Rebecca Dick commenting upon a presentation to the Antitrust
Division by a credit card network and providing analysis of potentially
applicable theories to the investigation.
- P-68: A one page memorandum dated November 3, 1998 from Gregory
Werden to Alexander Raskovich and Andrew Dick providing comments and
analysis to draft memoranda.
- P-69: A one page memorandum dated March 19, 1998 from George Rozanski
to John Nannes, Rebecca Dick and M.J. Moltenbrey providing analysis
of potential relief options.
- P-70: A one page memorandum dated September 24, 1998 from George
Rozanski to John Nannes, Marius Schwartz and Melvin Schwarz analyzing
potential relief options.
- P-71: A one page memorandum dated June 22, 1998 from Andrew Dick
to Alexander Raskovich and George Rozanski analyzing potential relief
options.
- P-72: A one page memorandum dated June 21, 1998 from Alexander
Raskovich to George Rozanski and Andrew Dick analyzing potential relief
options.
- P-73: A one page memorandum (and one page attachment) dated June
16, 1998 from Andrew Dick to George Rozanski and Alexander Raskovich
outlining and assessing potential relief options.
- P-74: A two page memorandum dated June 10, 1998 from Alexander
Raskovich to Rebecca Dick, George Rozanski and Andrew Dick commenting
on draft litigation documents and potential relief options.
- P-75: A one page memorandum dated June 10, 1998 from George Rozanski
to Rebecca Dick, Alexander Raskovich and Andrew Dick outlining and
assessing potential relief options.
- P-76: A nine page, undated collection of notes by George Rozanski
consisting of economic calculations.
- P-77: An eight page, undated collection of working notes by George
Rozanski outlining economic issues for presentation to AAG Klein.
- P-78: A one page memorandum dated July 30, 1998 from Andrew Dick
to George Rozanski providing comments on documents reviewed by the
author.
- P-79: A six page collection of notes dated August 12 (no year)
by George Rozanski providing analysis on various investigation related
issues. The first two pages were presented to AAG Klein in response
to a specific inquiy by the AAG while the remaining pages were notes
for an oral presentation to the AAG.
- P-80: A one page memorandum dated July 21, 1997 from Andrew Dick
to George Rozanski and Alexander Raskovich commenting on documents
reviewed by the author.
- P-81: A three page, undated memorandum by Andrew Dick analyzing
trends in card usage.
- P-82: A two-page memorandum dated January 30, 1998 reflecting correspondence
among Alexander Raskovich, Andrew Dick and Rebecca Dick. The memorandum
analyzes potential relief options relating to the investigation.
- P-83: A two page, undated memorandum by Gregory Werden analyzing
draft litigation documents.
- P-84: A two page, undated memorandum by Gregory Werden analyzing
draft litigation documents.
- P-85: A one page memorandum dated November 16, 1994 from Gregory
Werden to Richard Gilbert reviewing case law and economic literature.
- P-86: A two page memorandum dated April 27, 1995 from Gregory Werden
to Joel I. Klein providing analysis and recommendation concerning
Antitrust Division policy on matters relating to private litigation.
- P-87: A five page memorandum dated January 24, 1995 from George
Rozanski to Richard Gilbert analyzing the competitive effects of competition
among card networks.
- P-88: A four page memorandum (with two pages of attachments) dated
September 14, 1994 from Robert Town to George Rozanski and other Antitrust
Division staff and economists. The memorandum analyzes economic literature
concerning issues related to credit card networks.
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