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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

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