Brian Rosewarne
Managing Partner
M.P.P., Gerald R. Ford School of Public Policy, University of Michigan
B.A. in English Literature, University of Michigan
Michigan Secondary Teaching Certificate, School of Education, University of Michigan
734.214.2221
Brian Rosewarne has been with applEcon for nearly two decades and his consulting experience spans a wide range of industries, including computer hardware and software, LCD panels, memory chips, textbooks, automobiles, cellular devices, credit cards, and pharmaceuticals. Brian has considerable experience managing large cases and coordinating across multiple law and consulting firms, including serving as applEcon’s project director for one of the largest and most complex group of antitrust class actions in U.S. history, In re Automotive Parts Antitrust Litigation, which to date have secured over $1.2 billion in recovery for end payor consumers. Brian also has extensive experience measuring the pass-through of direct overcharges to indirect purchasers. He joined applEcon in May 2002 as a staff analyst, became case manager in 2004, partner in 2010, and managing partner in 2018. Prior to applEcon, Brian worked for the William Davidson Institute at the University of Michigan Ross School of Business, a research and educational institute dedicated to the study of transition economies.
Consulting Experience
Ray Fladeboe Lincoln Mercury, Inc. v. Ford Dealer Computer Services, Inc.
Antitrust Liability for Defendant
Fladeboe alleged that Dealer Computer Services, Inc. (DCSI) exercised monopoly power to engage in illegal tying. According to Fladeboe, starting in 1995 DCSI obligated Ford dealerships to enter contracts to purchase a Computerized Publication Display (CPD) system from DCSI in order to have the ability to purchase Ford parts and accessories. The CPD system was…
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 first of three scheduled trials and to a final settlement of $500 million prior to trial on applEcon’s home ground,…
Morelock Enterprises, Inc. v. Weyerhaeuser Co.
Antitrust Damages for Plaintiff
applEcon developed and implemented two methods to calculate the overcharge to purchasers of finished alder lumber, leading the judge to certify a class of direct purchasers and the jury to award the class $28 million. Weyerhaeuser operates mills in the Pacific Northwest that buy hardwood sawlogs and sell finished lumber, primarily red alder, a species…
The Service Source v. Office Depot
Contract Termination Damages for Defense
In 2004, The Service Source, Inc. (TSS), filed in a lawsuit federal court for wrongful contract termination damages against Office Depot. TSS claimed that it had a valid contract to refer new customers to Office Depot’s business contract program, which provides discounts, free shipping, and other services to medium and large businesses. TSS would generate…
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 mainframe applications or environments. In about 2000, IBM entered these markets with its own products. According to Compuware,…
The Presbyterian Church of Sudan et al., v. Talisman Energy
Class Certification, Damages for Plaintiffs
U.S. Federal District Court for the Southern District of New York Two Sudanese tribes filed suit in U.S. Federal court alleging that Talisman, an oil company, granted Sudanese government forces the use of its oil field infrastructure, including airstrips, roads, and communications equipment, which the government forces used in air and ground attacks on the…
Unocal Damages
Damages Analysis, Antitrust
United States District Court in the Central District of California Unocal influenced California regulators to adopt regulations that, unbeknownst to regulators, conferred monopoly power upon Unocal. applEcon quantified the resulting overcharges paid by California consumers, which helped class members to win a settlement of $48 million. Unocal filed patent applications for certain gasoline formulations, and…
Unocal Liability
Liability, Antitrust
United States District Court for the Central District of California Unocal influenced California regulators to adopt regulations that, unbeknownst to regulators, conferred monopoly power upon Unocal. applEcon helped California gasoline consumers to win a settlement of $48 million. Unocal filed patent applications for certain gasoline formulations, and subsequently proposed that formulations covered by its patent…
Datel Holdings Ltd. et al. v. Microsoft Corporation
Antitrust, Liability
U.S. District Court for the Northern District of California Gamers will retain access to aftermarket peripheral devices for Microsoft’s Xbox 360 video game console as a result of a settlement between Microsoft and Datel. Owners of Datel memory units were surprised to find, that a required software patch for Xbox 360 rendered their Datel gaming…
In re: TFT-LCD (Flat Panel) Antitrust Litigation
Antitrust, Damages Analysis, Class Certification
U.S. District Court for the Northern District of California applEcon helped a class of U.S. consumers to obtain settlements totaling $1.082 billion from a cartel of manufacturers of liquid crystal display (LCD) panels. LCD panels are flat video displays used in computer monitors, laptop computers, and televisions. The nine manufacturers that comprised the cartel supplied…
CRT Class Certification
Antitrust, Damages Analysis, Class Certification
U.S. Northern District of California Testimony from Dr. Janet Netz of applEcon assisted purchasers of cathode ray tube (CRT) televisions and computer monitors in obtaining a recommendation for class certification from the Interim Special Master who wrote: “Having undertaken a rigorous analysis of plaintiffs’ evidence (particularly, the reports of Dr. Netz), the Interim Special Master…
Dial Corp. et al. v. News Corp. et al. (1)
Antitrust, Monopolization, Damages Analysis, Class Certification
U.S. District Court for the Southern District of New York Testimony by Professor Jeffrey MacKie-Mason of applEcon assisted packaged goods manufacturers to obtain class certification in a lawsuit alleging monopolization of the market for third party in-store promotions by News America Marketing (“News”). News buys exclusive access to at-shelf space from retailers, and sells at-shelf…
In re: Cathode Ray Tube (CRT) Antitrust Litigation
Antitrust, Damages Analysis, Class Certification
U.S. Northern District of California Testimony from Dr. Janet Netz of applEcon assisted purchasers of cathode ray tube (CRT) televisions and computer monitors to obtain cash settlements totaling $563 million from seven CRT manufacturers. applEcon supported class counsel throughout the legal process, submitting nine expert reports related to class certification, antitrust liability, damages, and other…
Class Action Cases Against Microsoft
Antitrust, Liability, Causation, Damages, Class Certification for Plaintiffs
U.S. vs. Microsoft concluded that Microsoft had exercised power over PC operating system prices, but awarded no damages to consumers. Consumers in seven states received over $1.6 billion in settlements from Microsoft from antitrust suits that relied on applEcon for its liability and damages expertise. applEcon’s first and largest state case on behalf of consumers…