March 28, 2015
In re: Polyurethane Foam Antitrust Litigation
The plaintiffs in this case were a proposed class of direct purchasers of flexible polyurethane foam, a ubiquitous cushioning material widely used in furniture, bedding, automotive, and flooring applications. The largest North American foam suppliers were accused of engaging in a price-fixing conspiracy that operated by way of coordinated price increase announcements issued over the course of more than a decade, from 1999 to 2010.
Econ One was retained by counsel for the plaintiffs initially to analyze issues related to class certification. Jeffrey Leitzinger submitted an expert report and a rebuttal report, and testified in two depositions and at a class certification hearing. Following that hearing, the court certified a direct purchaser class that accounted for roughly $19 billion in foam purchases over the course of the class period. Dr. Leitzinger then submitted a merits expert report, as well as a rebuttal report responding to claims raised by a number of experts for the defendants. He also provided deposition testimony in connection with each of those reports. The case was resolved when all of the defendants settled prior to trial, resulting in recoveries of several hundred million dollars on behalf of the plaintiffs.