Eric M. Gaier is a founding member of Bates White, LLC. He has significant experience in the application of economic and statistical analysis to antitrust and other economic and financial issues. Dr. Gaier specializes in analysis of class certification and alleged anticompetitive conduct including market definition, market power, competitive impact, countervailing efficiencies, and damages.

In re Pharmaceutical Industry Average Wholesale Price Litigation, Dr. Gaier testified on issues of common impact and feasible damage methodologies on behalf of a joint defense group of leading pharmaceutical manufacturers opposing class certification. In Augustine Medical, Inc. v. Mallinckrodt Medical, Inc., Dr. Gaier testified on market definition, market power, and damages on behalf of Augustine Medical, a major medical equipment manufacturer involved in an illegal monopolization dispute. The Court excluded the opposing expert’s testimony and granted a motion for summary judgment in favor of Augustine.

In Confre Cellars v. Scott Robinson, et al., Dr. Gaier testified on market definition and market power on behalf of Confre Cellars, a regional alcoholic beverage producer involved in a concerted refusal to deal dispute. In addition, on behalf of the largest opt-out plaintiff group in In re Vitamins Antitrust Litigation, Dr. Gaier worked closely with lead damage expert Dr. B. Douglas Bernheim in developing economic and statistical analysis, reports, and testimony.

Prior to joining Bates White, Dr. Gaier served as an Associate of A.T. Kearney. Previously, he was a Research Fellow with the Technology Assessment Program of the Logistics Management Institute. Dr. Gaier has also served as a Consultant to the Panel on Statistical Methods for Evaluating Defense Systems of the National Research Council and as an Instructor in the Department of Economics at Duke University.

Ph.D., Economics, Duke University; M.A., Economics, Duke University; B.A., Economics, Florida State University