Keith Waehrer, PhD

Partner

PhD, Economics, Rutgers University; MA, Economics, Rutgers University; BA, Economics, Trinity College

Keith Waehrer specializes in mergers, monopolization claims, and price-fixing liability issues and damages calculations. He has extensive experience in antitrust investigations involving mergers and anticompetitive practices and has drafted expert reports and testified at deposition. Dr. Waehrer is also an expert in the analysis of competitive effects in auction markets and has written highly regarded papers on the subject.

As a visiting partner at ESMT Competition Analysis in Berlin, Germany, Dr. Waehrer also worked on a number of significant matters before the EC and numerous national competition authorities in Europe.

Prior to joining Bates White, Dr. Waehrer was a research economist with the Antitrust Division of the U.S. Department of Justice where he provided economic analysis in connection with numerous merger investigations and civil and criminal antitrust matters. Dr. Waehrer served as an economist with the Bureau of Labor Statistics, Economist Insight, and Bonneville Power Administration. His academic career includes teaching posts at the University of Maryland, Georgetown University, Johns Hopkins University, Brigham Young University, and Rutgers University.

Selected Experience

• Served as testifying expert in The Crystal Import Corporation v. Avid Identification Systems, an exclusionary conduct matter regarding radio frequency identification microchips. Performed economic analysis to define markets, assess market power, and evaluate the impact of the conduct at issue.

• Provided an expert with evaluation of the likely competitive effects from a merger of manufacturers of thermoplastic elastomers. Prepared materials for presentation to the DOJ or FTC, reviewed win-loss data, analyzed market shares, and developed an initial assessment of market definition.

• Provided advice on the viability of a tying claim that related to the processing of credit card authorizations. Advised the client on liability issues such as market definition, market power, and competitive effects.

• On behalf of Reed Elsevier PLC, identified potential areas of competitive concern associated with its acquisition of ChoicePoint Asset Company LLC. Conducted an analysis to assess the likelihood of entry in the event of an attempted post-merger price increase.

• Advised attorneys on case strategy related to an antitrust lawsuit on behalf of a large automotive parts manufacturer. Advised on the legal complaint and supported attorneys in mediation. Work included economic analyses of market definition, bundling, and exclusive dealing.

• Provided economic analyses for DOJ of competition issues in financial markets in connection with mergers and civil (non-merger) investigations. This included analyzing the likely competitive effects of the NYSE/Archipelago and NASDAQ/Instinet mergers; supporting the testifying expert in the ICAP/BrokerTec merger; and participating in civil investigations of the conduct in the foreign exchange, treasury, and futures markets.