Bates White: Economic Consulting

With recent changes in case law requiring district courts to make deeper inquiries at the class certification stage, a systematic treatment of the economics of class certification takes on greater importance. We employ relevant economic theories and quantitative techniques to examine testable implications of class-wide common impact and suitability of class-wide treatment. Our professionals have testified on behalf of joint defense groups opposing class certification and have critically assessed economic interpretations of common impact made by opposing economic experts.

• In In re Delta/AirTran Baggage Fee Antitrust Litigation, serving as a testifying expert on common impact, predominance of common factors, and damages on behalf of defendant AirTran in connection with an alleged conspiracy to reduce capacity in Atlanta and introduce a first-bag fee. Submitted written and deposition testimony.
• Provided expert report and deposition testimony in an analysis of class certification issues in In re Ready-Mixed Concrete Antitrust Litigation. Analysis examined testable implications of class-wide impact and suitability of class-wide treatment. Critically assessed assertions made by Plaintiffs’ economic expert.
• Serving as a testifying expert on behalf of a health insurance company defending allegations that it artificially depressed reimbursement rates to certain medical providers. Assessing whether the impact of the allegedly depressed reimbursement rates was common across class members.
• Investigated class certification issues in a Sherman Act Section 1 matter in the freight forwarding industry. Analysis focused on assessing whether common factors predominate in shipping rates paid by shippers and consignees.
• In In re Pharmaceutical Industry Average Wholesale Price Litigation, served as the testifying expert on issues of common impact, feasible damage methodologies, and merits on behalf of a joint defense group of leading pharmaceutical manufacturers. Submitted written, deposition, and trial testimony concerning competitive dynamics between providers and Medicare and third-party payors and the effect of the Medicare Prescription Drug Improvement and Modernization Act of 2003. The judge denied certification to the self-administered drug class, which represented most of the commerce allegedly affected.
• Directed expert analysis for a top-tier academic expert working on behalf of a proposed class of medical residents alleging anticompetitive conduct in the determination of wages and working conditions. Performed analysis to assess issues associated with class certification and feasible damage methodologies. 
• Directed economic and statistical analysis for a top-tier academic expert working on behalf of a proposed class of agricultural producers involved in price-fixing litigation under multiple state indirect purchaser statutes. Developed economic and statistical analysis of class certification issues and assessed degree of upstream pass-through and damages.