OnPoint Analytics

Antitrust Expert Witness Testifies in Keurig Case

OnPoint antitrust expert witness, Dr. Gareth Macartney, recently gave two days of deposition testimony in an antitrust and false claims lawsuit against Defendant Keurig Green Mountain. Keurig specializes in the manufacture and sale of single-serve coffee brewers and the single-serve portion packs of coffee, tea, and cocoa, that work in those brewers. Keurig’s single-serve portion packs are known as “K-Cups.” Dr. Macartney serves as the economic damages expert retained by Plaintiff Rogers Family Company, makers of the San Francisco Bay Coffee and Organic Coffee Co. brands, which Rogers sold as “OneCups” for single-serve brewers.

The case involves Keurig’s alleged use of monopoly power, exclusionary practices, and false claims to restrict competition from rival portion pack manufacturers, such as Rogers, and to disparage those rivals’ brands in the eyes of customers. As part of his antitrust expert witness analysis and investigation of the effect of the alleged false claims, Dr. Macartney considered allegations that Keurig engaged in monopolization, exclusive dealing, monopoly leveraging, sham litigation, patent misuse, tying, anticompetitive product redesign, conspiracy to monopolize, refusal to deal and group boycott, false and misleading advertising, including in violation of the Lanham Act, and other related activities.

Rogers alleges that Keurig’s anticompetitive behavior prevented Rogers from selling as many of its OneCups as it would have done otherwise and claims the economic damages that resulted. Dr. Macartney has filed three expert reports in this matter over the past year. His antitrust expert witness analysis and investigation of the effect of the alleged false claims included a thorough examination of the single-serve coffee industry, opinions on the appropriate relevant market definition for this case, and evaluation of the record evidence of Keurig’s alleged anticompetitive behavior. Dr. Macartney estimated the lost sales and profits that Rogers suffered as a result of Keurig’s alleged acts. He also estimated the unjust enrichment Keurig enjoyed as a result of its alleged false and misleading claims, in violation of the Lanham Act.

The case is ongoing. To learn more about Dr. Gareth Macartney and his experience as an antitrust expert witness, click here.