MAX THEILER
Head of Competition
Director
At Fideres, we provide expert economic analysis for complex litigation involving digital platforms and emerging technologies. Our economists advise law firms on landmark cases against monopolistic practices in digital marketplaces, app stores, social media networks, and other technology ecosystems.
Our team has specialized expertise in the economic characteristics of digital markets, including network effects, multi-sided platforms, and data-driven business models. We offer comprehensive analytical services from initial filing through settlement, translating complex digital economics into compelling legal arguments.
Driven by rigorous analysis, our expert work empowers justice—for all—from case strategy to victory. Below are some examples of our track record.
Geradin Partners secure certification in collective action against Google over Play Store dominance.
Collective proceedings were brought on behalf of the 1,000s of UK-based Android app developers alleging breaches of section 18 of the Competition Act 1998 and/or Article 102 of the TFEU.
The claim alleged that Google abused its dominant positions in the markets for Licensable Smart Mobile Operating Systems for OEMs and Android App Distribution for app developers. Google's conduct excluded potential rival app stores from the market allowing Google to charge an excessive commission through its fees on the Play Store.
Claimants seek damages on sales made since August 2018.
Fideres worked with Professor Amelia Fletcher to deliver a preliminary expert report in support of certification. The report defined the relevant markets and assessed Google’s dominance, set out the economic theory of harm arising from exclusionary and exploitative practices, and provided both a preliminary damages estimate and a robust methodology for assessment following disclosure. This economic evidence played a key role in securing certification, with trial scheduled for late 2026.
Scott+Scott bring landmark collective action against Microsoft for leveraging practices in cloud computing market.
The proposed collective proceedings, brought on behalf of approximately 59,000 UK businesses that used Windows Server on Listed Providers. The claim alleges breaches of section 18 of the Competition Act 1998 and/or Article 102 of the TFEU.
The claim alleges that Microsoft has abused its dominant position in the Paid Server Operating Systems market—specifically through the licensing of Windows Server—in order to unfairly promote its own Cloud Computing Services platform, Azure.
Claimants seek damages from Microsoft on purchases since 2019.
Working with Professor Abe Wickelgren, Fideres provided an expert report that formed the foundation of the case at the pre-certification stage. The report set out the relevant market definition and assessed Microsoft’s dominance within it. It also included a preliminary damages estimate and outlined a rigorous post-disclosure methodology to assess the full extent of harm. This work laid the analytical blueprint for trial at the Competition Appeal Tribunal.
The complaints indicate that Amazon.com violated federal antitrust price-fixing laws, and attorneys allege that consumers everywhere consequently pay artificially increased prices for products purchased via online retailers across the internet.
Estimated damages of the prospective antitrust class actions are between $55 billion to $172 billion.
Fideres provided economic consulting services to support the testifying expert in the filing the class certification expert report.
Our work focused on market definition, market power analysis and counterfactual price modelling. For this assignment we implemented a demand elasticity model.
The court decision on class certification is currently pending.
Hagens Berman Sobol Shapiro and Sperling & Slater bring a landmark case against Apple Inc., for anticompetitive conduct through its policies regarding Near-field Communication technology on Apple devices.
The proposed collective proceedings on behalf of Affinity Credit Union against Apple Inc. allege that Apple is engaging in anticompetitive conduct by monopolizing the ‘tap and pay’ wallet market on Apple devices by creating artificial barriers around the use of the NFC (near-field communication) technology built into their phones. It is alleged that such behavior forestalled the emergence of competition and allowed Apple to dictate financial terms to banks.
The anticompetitive conduct forced more than 4,000 banks and credit unions that use Apple Pay to pay at least $1 billion in excess fees annually to use the service.
Fideres provided economic consulting services to support the testifying expert in the filing the class certification expert report.
Our work focused on market definition, market power analysis and counterfactual price modelling.
The court decision on class certification is currently pending.
Fideres provide insightful and clear expert economic analysis through our expert reports. Our specialist network of affiliated experts includes leading academics and industry leaders.
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