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…
United States District Court for the Central District of California, Western Division The National Collegiate Athletic Association (“NCAA”) and its Division I member schools restrict the amount of athletic-based financial aid that student-athletes may receive below the actual cost of attending college. Suit was brought on behalf of a class of student-athletes alleging that this restriction…
Southern District of New York 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 that were key to getting both the European Commission and the U.S. Department of Justice…
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. …
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…
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,…
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…
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…
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…
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…