This project was completed by Intensity. Intensity joined Secretariat on February 1, 2023.
A large enterprise computer server and software company was alleged to have engaged in anticompetitive behavior, including establishing pricing and policies that blocked competitors from providing customers with support services. The alleged anticompetitive behavior included customer lock-in via economic tying, whereby customers could receive software and firmware updates only if they also purchased software support services from the original manufacturer that were priced far above competitive levels. This practice was alleged to enable the server manufacturer to block competition for hardware support by pricing the hardware services well below competitive levels. The plaintiffs in the case sought to recover damages related to the alleged anticompetitive behavior.
Intensity researched and analyzed marketplaces for multiple enterprise hardware and software support services, evaluated market power within the relevant markets, and quantified lost profits to a competitive provider of the products at issue.
Intensity’s analysis included consideration of economic tying arrangements and economic lock-in. For example, Intensity evaluated the economics of access to software updates and firmware for customers to purchase support from third-party providers in addition to the server manufacturer. In this case the server manufacturer was alleged to have forced customers to purchase expensive software support services in order to gain access to the updates, and leveraged the profits to undersell competitors for hardware services.
The issues Intensity addressed include market definition, analysis of market power, economic tying arrangements, economic lock-in, lost profits, and econometric evaluation of but-for revenues.
Secretariat Experts Contribute to “2024 Annual Review of Antitrust Law Developments”
Secretariat team members Stuart Gurrea, Jéssica Dutra, Wei Tan, Pablo Varas, and Noah Case have contributed to “Chapter I — Restraints of Trade” in the recently published “2024 Annual Review of Antitrust Law Developments” from the ABA Antitrust Law Section. Michael Koenig contributed to “Chapter VIII — Civil Government Enforcement”.
Norman Harrison Named as 2025 Top Consultant by Consulting Magazine
Secretariat is proud to celebrate Norman Harrison’s recognition as a 2025 Top Consultant for Excellence in Regulation and Compliance by Consulting Magazine. This prestigious honor highlights his exceptional contributions to the consulting profession, particularly in helping clients navigate complex regulatory landscapes and ensuing investigations and disputes, as well as resolve compliance issues in highly regulated industries.
Paris Arbitration Week 2025 Recap
Secretariat was a proud supporting partner of Paris Arbitration Week (PAW) 2025. The event, which took place from April 7 to 11, brought together more than 10,000 arbitration practitioners from 135 countries. We were thrilled to participate in dynamic discussions, host insightful panels, and share our passion and expertise with the international arbitration community.