EI Principal Barry C. Harris helps Del Monte Fresh Produce successfully defend against monopolization claim.

EI Principal Barry C. Harris submitted an expert declaration and provided deposition testimony on behalf of Del Monte Fresh Produce. A federal judge recently granted summary judgment for defendant Del Monte Fresh Produce in this matter. A class of plaintiffs alleged that Del Monte improperly obtained and maintained a monopoly over the propagation, marketing, and sale of fresh extra-sweet “gold” pineapples. Dr. Harris’ analysis showed that Del Monte incurred significant costs and undertook substantial risks in commercializing the gold variety of pineapple. Dr. Harris also concluded that considerations unrelated to Del Monte’s alleged anticompetitive actions, such as business focus and investment risk, explained the timing and effectiveness of the entry decisions of Del Monte’s competitors. He also explained why plaintiffs’ use of Del Monte’s average costs and prices as proxies for the “effectively competitive price” and other competitive benchmarks in their damage estimate was inappropriate. EI Principal Matt Wright and EI Vice President Laura Malowane assisted Dr. Harris in his analysis.