Microsoft Private Litigations

Our work with Microsoft has spanned a variety of case matters, involving many experts and many types of tasks, beginning before discovery and lasting through trial preparation and settlement negotiations. We have analyzed claims brought by competitors, as well as indirect purchasers. We have identified experts in a broad range of disciplines, including class certification, information technology, the software industry, technology/Internet company stock market dynamics, survey design, industrial organization, pricing, antitrust liability, and damages. Under the overall direction of CEO and Chairman Martha Samuelson, Analysis Group led the team providing economic support in over 140 private state and federal overcharge class actions, including two overcharge trials, each of which settled in trial.

We have worked closely with Microsoft to evaluate liability claims, as well as to assess the potential but-for prices of Microsoft software if any claims were to be established. Our experience includes evaluating and critiquing a variety of overcharge approaches sponsored by class action plaintiffs. We have also worked closely with Microsoft on many competitor lawsuits, including actions brought by AOL/Netscape and Sun Microsystems. Managing Principal Rebecca Kirk Fair and Principal Almudena Arcelus provided case management for many of the individual cases.