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August 12, 2015

In re: Polyurethane Foam Antitrust Litigation

In February 2011, a group of direct purchasers filed a class action lawsuit against several large manufacturers of polyurethane foam (that is, flexible foam products incorporated into consumer products, such as furniture, mattresses, or carpet underlay). In that lawsuit (In Re Polyurethane Foam Antitrust Litigation Case, No. 10-MD-2196, filed in the U.S. District Court for the Northern District of Ohio), the direct purchasers alleged that the defendant manufacturers engaged in a decade-long conspiracy to fix, raise, and maintain the price of foam products. Econ One’s expert Dr. Jeffrey Leitzinger was retained by counsel for the proposed plaintiff class.

Dr. Leitzinger was asked to assess whether there was evidence common to members of the proposed class sufficient to prove the existence of antitrust injury on the part of all or virtually all those members. Following certification of the proposed class, he was also asked to present an analysis of the total amount of overcharges incurred by class members. In this matter, Dr. Leitzinger submitted expert reports and provided deposition testimony. Ultimately, direct purchasers reached multiple settlements totaling over $440 million.

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