The Team

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…

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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,…

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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…

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In 1999, the FCC and other regulatory bodies were considering whether Internet Service Providers (ISPs) should have the right to access the broadband facilities of cable operators. ISPs such as AOL (before it merged with Time Warner) advocated an “open access” policy that would allow any ISP to offer Internet service on the broadband facilities…

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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 repair parts to harm competition in the aftermarket for maintenance services. The plaintiffs were all competitors to Kodak in the provision…

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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,…

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U.S. District Court for the District of Maryland applEcon was finishing a damages study for class action plaintiffs in an antitrust suit against Microsoft in California state court when an attempt was made to highjack the case.  Microsoft and multi-district litigation (MDL) plaintiffs’ attorneys proposed a settlement of all U.S. antitrust claims in federal court. …

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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…

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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…

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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…

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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…

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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…

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U.S. District Court for the Eastern District of Texas 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 damages of $43,083,344, finding that GE violated Sections 1…

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