Bates White: Economic Consulting

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, civil fraud, and other economic and financial issues. Dr. Gaier specializes in analysis of class certification, pricing, and alleged anticompetitive conduct including market definition, market power, competitive impact, countervailing  efficiencies, and damages. Dr. Gaier has testified and consulted for government, law firm, and corporate clients across a variety of industries.

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.

Selected Experience

• In Pennsylvania Chiropractic Association v. Blue Cross Blue Shield Association, serving as a testifying expert on ascertainability and predominance of common factors on behalf of a joint defense group of leading health insurers in connection with alleged ERISA violations associated with certain recoupment practices. Submitted written and deposition testimony.
• 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.
• In State of Alabama v. Abbott Labs., Inc., served as a testifying expert on liability, causation, and damages on behalf of a joint defense group of leading pharmaceutical manufacturers defending allegations of fraudulent pricing. Submitted written, deposition, and trial testimony.
• In In re Pharmaceutical Industry Average Wholesale Price Litigation, served as a testifying expert on issues of common impact, feasible damage methodologies, and merits on behalf of a joint defense group of leading pharmaceutical manufacturers in a RICO/civil fraud matter. Submitted written, deposition, and trial testimony.
• Served as the lead consulting expert on behalf of AMD in the landmark microprocessor antitrust case AMD v. Intel. Advised on overall case strategy and performed economic analysis to assess liability and damages resulting from illegal conduct alleged in the United States, Japan, and Europe.
• In Static Control Components, Inc. v. Lexmark International, Inc., served as the testifying expert on market definition, market power, and competitive impact for a printer systems manufacturer defending allegations of monopolization and attempted monopolization of an alleged aftermarket in toner cartridges. Provided written, deposition, and trial testimony.
• In Amgen, Inc. v. F. Hoffman-La Roche Ltd., led economic analysis to assess questions relevant to a permanent injunction against Roche’s sales and marketing of a product that infringes Amgen’s patents. Analysis focused on the implications of recently introduced Medicare reimbursement policies on competitive dynamics among drug manufacturers and the impact of the potential entry of Roche’s product on Amgen, healthcare providers, Medicare, and third-party payors.
• In Augustine Medical, Inc. v. Mallinckrodt, Inc., served as the testifying expert on market definition, market power, competitive impact, and damages on behalf of Augustine Medical, Inc. defending an illegal monopolization counterclaim. Submitted written and deposition testimony.

Education

PhD, Economics, Duke University

MA, Economics, Duke University

BA, Economics, Florida State University