In a breach of contract suit filed by authorized dealers of Fiat Chrysler Automobiles (FCA), dealers alleged that FCA falsified sales figures to artificially inflate the value of the company’s shares with the purpose of supporting their claim of unbroken year-to-year sales streak. FCA allegedly offered discriminatory allocations to dealers in return for their agreements to report unsold vehicles as sold to help inflate monthly sales figures. This action in essence “stacked the deck” against plaintiff dealers. The false sales figures were used to subsidize dealers that were in competition with plaintiffs. Infotech Consulting was hired by plaintiffs to perform a damages analysis to determine whether FCA’s system of allocation unfairly discriminated against plaintiffs in favor of competitor dealers, and, if so, the loss of sales resulting from this behavior. Infotech Consulting obtained data from 62 FCA dealers on vehicle sales, planning potential, discretionary allocation, and regular allocation. Our expert analysis determined that there was, in fact, discrimination that resulted in lost sales and commensurate lost profits to select FCA dealers. With help from Infotech Consulting, plaintiffs were able to secure a favorable undisclosed settlement.
Napleton’s Arlington Heights Motors, Inc., et al. v. FCA US, LLC, et al., Case No. 1:16-cv-0403 (US District Court for the N.D. of Illinois)
The country’s biggest dental supply distributors reached an $80 million settlement agreement with dentists and dental laboratories in a proposed class action case. Distributors Henry Schein, Inc., Patterson Cos. Inc. and Benco Dental Supply Co. Inc. were accused of artificially inflating prices on dental supplies and equipment. Products at issue included supplies such as adhesives, implants, tooth brushes, pins and posts all the way to equipment such as imaging devices and dental chairs. Although there are hundreds of distributors and manufacturers of dental supplies and equipment, Defendants controlled approximately 80% of the market share.
Info tech, Inc was hired to calculate damages to plaintiffs due to the alleged conspiratorial conduct. In formalizing a damage analysis, Infotech Consulting scrutinized over 400 million transactions that occurred between January 2009 and March 2016. After a thorough econometric analysis, Dr. McClave opined that prices were in fact elevated during the conspiracy period. Minutes before a scheduled Daubert hearing, defendants agreed to a settlement figure bringing the case to closure.
Plaintiffs brought suit in 2006 after the US Department of Justice and the European Commission initiated investigations into the air cargo industry. The alleged conspirators took part in meetings and other communications to determine and set air cargo rates that airlines should charge for various routes. The airlines then imposed the agreed upon rates and continued to maintain and enforce those rates for over six years.
This suit included over 30 airline companies. Infotech Consulting and Dr. McClave was hired in April 2010 to calculate damages to Plaintiffs due to the illegal price-fixing scheme. Infotech Consulting analyzed more than 30 million transactions in the formalization of Dr. McClave damage analysis report and testimony for the class certification hearing in October, 2013. In July 2015, class certification was granted for a class of tens of thousands of direct purchasers of air cargo shipping services. By the beginning of 2016 all but two Defendants had settled with the Plaintiffs. In the spring of 2016, the remaining two Defendants settled, bringing the total settlement value to over $1.25 billion.
In re: Air Cargo Shipping Services Antitrust Litigation, MDL No. 1775 (E.D. of New York)
Not many of us still own a cathode ray tube (CRT) television, but many of us remember the big and bulky sources of entertainment from yesteryear. Makers of cathode ray tubes were accused of fixing the price of various sizes of cathode ray tubes during a time where these televisions and monitors were feeling the market pressure from flat panel televisions and monitors. Infotech Consulting was engaged to perform damage analyses for 13 plaintiffs that opted out of the class action. The data spanned 18 years and involved analyzing defendant transaction data consisting of over 1 billion transactions with over $80 billion in revenue. Through the eight-year litigation period, settlements on behalf of class members and opt outs totaled over $800 million. Infotech Consulting’s thorough analysis of the data and expert synthesis of the material aided numerous plaintiffs in reaching advantageous settlements with over 10 defendants.
In re: Cathode Ray Tube Antitrust Litigation, Case No. 07-5944 SC and Case. No. 14-cv-02510 (US District Court for N.D. of California)