Bates White: Economic Consulting

Christopher Stomberg has more than 19 years of experience as an economic consultant providing services in antitrust litigation, fraud and false claims act investigations, damage and exposure analyses, econometric modeling, and quantitative economic analyses. Dr. Stomberg is a cofounder of Bates White′s Healthcare Practice and specializes in pharmaceutical and healthcare matters. Over the last several years, he has worked with dozens of companies involved in the Average Wholesale Price (AWP) litigation (pricing and reimbursement issues). His clients include both brand and generic manufacturers, and he has authored articles on authorized generics and reverse settlements. Dr. Stomberg has worked on merger investigations, led business consulting in the pharmaceutical industry, and managed analytics and modeling for large antitrust matters, including In re Vitamins Antitrust Litigation. Dr. Stomberg helped develop the first generation of several analytical tools and techniques employed at Bates White.

Prior to joining Bates White, Dr. Stomberg worked as a statistician and consultant in the computer and telecommunications industries, and he was an analyst at the World Bank.

Selected Experience

• Serving as the lead consulting expert to provide liability and damages analysis for a pharmaceutical company defending alleged violations of federal and state False Claims Acts and anti-kickback statutes. Allegations involve hidden price incentives and improper marketing tactics.
• Served as consulting expert for several pharmaceutical manufacturers and joint defense groups in a variety of AWP litigation at the state and federal level. Guided economic and statistical analyses, supported experts in the preparation of reports, prepared experts for depositions and trials, and supported counsel in a variety capacities. Examinations focused on Medicaid and Medicare reimbursements and policy related to payments for pharmaceuticals. Representative cases:
  
  • Alabama Medicaid Pharmaceutical Average Wholesale Price Litigation (submitted affidavit)
    
  • State of Massachusetts v. Mylan Laboratories, Inc.

  • State of Alabama v. Agouron Pharmaceuticals, Inc.

  • State of Nevada v. American Home Products Corp. and State of Montana v. Abbott Labs., Inc.

  • In re Pharmaceutical Industry Average Wholesale Price Litigation
    

  • State of West Virginia v. Abbott Laboratories

  • Robert J. Swanston v. TAP Pharmaceutical Products Inc.

  • United States v. Dey, Inc.

  • State of California v. Dey, Inc.

  • State of Texas v. Mylan, Inc.

  • State of California v. Mylan, Inc.

• Served as consulting expert for defendant Boehringer Ingelheim, Inc. in support of an expert declaration in the matter, United States v. Roxane, Inc. Performed financial analyses and rebuttal of opposing expert opinion related to piercing the corporate veil and alter ego.
• Supported initial investigations for a major hospital system alleging anticompetitive conduct by one of its dominant competitors. Allegations included monopolization and the creation of improper vertical relationships with suppliers. Subsequent investigations were launched by state and federal authorities.
• Provided merger-related analysis and support as well as delivered presentations to the Federal Trade Commission on behalf of a large pharmaceutical benefits management (PBM) company regarding the potential competitive effects of its proposed multibillion dollar acquisition of another PBM company. Provided additional analysis in support of client′s third-party complaints related to the anticompetitive effects of a related acquisition by another company.
• Directed statistical and economic teams supporting the expert testimony of Halbert White, on behalf of the Federal Trade Commission in an investigation involving the merger of two large video retail chains. The merger was not consummated.
• Implemented economic and statistical analysis of damages in support of Douglas Bernheim for his work on behalf of class plaintiffs and a group of 140 opt-out plaintiffs in In re Vitamins Antitrust Litigation.

Education

PhD, Economics, University of California, San Diego

MA, Economics, George Washington University

BA, Economics, University of Massachusetts, Amherst