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Case Studies

John Metzler: Selected Case Studies

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Metropolitan Taxicab Board of Trade v. City of New York

On just eight days’ notice, applEcon presented a study at an evidentiary hearing that formed the basis for a judge’s conclusion that new taxi lease rate regulations created a mandate to buy hybrid vehicles and presented superior alternatives to the new taxi lease…

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Class Action Cases Against Microsoft

Antitrust, liability, causation, damages, and class certification for plaintiffs

An end-consumer class of individuals and businesses in California sued Microsoft for monopoly overcharges on the Windows operating system, as well as MS Word and MS Excel applications. The case was originally filed in early 1999, nearly a year before Judge Jackson…

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Valassis v. News America

Antitrust liability for plaintiff

applEcon presented trial and deposition testimony that made a comprehensive, clear, and convincing case for liability for anticompetitive conduct, tortious interference, and unfair business practices, helping Valassis to a $300 million jury-decided victory at the…

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Image Technical Services (ITS) v. Kodak

Antitrust liability for plaintiffs

Plaintiffs included 17 small independent service organizations who alleged Kodak had illegally monopolized the aftermarket for maintenance services on Kodak high volume copiers and micrographics (microfilm) equipment. Plaintiffs alleged Kodak used its control of…

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Compuware Corporation v. International Business Machines Corporation

Antitrust liability for plaintiff

Compuware alleged that IBM illegally used its monopoly power over mainframe hardware and certain types of mainframe software to harm competition in other mainframe software markets. Compuware had long sold software "tools" for developing, testing and managing…

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Opposition to MDL Settlement of All U.S. Microsoft Antitrust Claims

Antitrust, liability, causation, damages, and class certification for plaintiffs

applEcon was instrumental in preventing a settlement of all private U.S. antitrust claims against Microsoft by showing that the proposed settlement was anticompetitive, inadequate, and unworkable for the impoverished schools it purported to help.

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IBM v. Platform Solutions and t3 Technologies

Antitrust, Intellectual property for defendant

t3 Technologies (t3) alleged IBM misused intellectual property rights and tied operating systems licenses to hardware, thereby maintaining its monopoly over mainframe hardware. applEcon, working in close coordination with t3’s lawyers, provided evidence and analyses…

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Collins Inkjet Corporation v. Eastman Kodak Company

Antitrust, tying, bundled pricing

Consultation with applEcon economists helped Collins Inkjet to demonstrate that their claim met a precedent-setting new standard for tying, and sustain the defendant’s appeal of a preliminary injunction in Collins Inkjet Co. v. Eastman Kodak. The plaintiff, Collins…

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Red Lion Medical Safety, Inc. et al vs. General Electric Company

Antitrust, liability, and damages analysis

Seventeen companies sued General Electric (“GE”), alleging that GE engaged in anticompetitive conduct in the sale of refurbished anesthesia machines and the servicing of all GE anesthesia machines. Following a seven-day trial, a unanimous jury awarded plaintiffs…

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