ESCO Corporation v. Bradken Resources PTY Ltd.

In what started out as a dispute seeking clarification over certain terms of a licensing agreement between U.S.-based ESCO Corporation and its Australian licensee (Bradken Resources), Bradken asserted antitrust violations by ESCO and submitted a claim seeking significant antitrust damages. Compass Lexecon was retained by ESCO and formed a team led by Professors Ben Klein and Kenneth Lehn. Professor Klein addressed liability issues related to Bradken’s antitrust claims and portions of Bradken’s antitrust damages analysis. Professor Lehn addressed elements of Bradken’s antitrust damages in a separate expert report. Following arbitration before the International Chamber of Commerce, the arbitrator rejected Bradken’s antitrust claims, affirmed ESCO’s contract positions, and awarded ESCO compensation for legal fees and costs. The arbitrator cited favorably the arguments and analyses in Professor Klein’s reports and testimony in his decision, and the outcome was a complete victory for ESCO. Compass Lexecon worked with Tim Muris and Christine Wilson of O’Melveny & Myers LLP and Randy Foster of Stoel Rives LLP. Michael Smith led the support teams for Professors Klein and Lehn out of Compass Lexecon’s Century City office.