For the fourth consecutive year, Global Competition Review has named Bates White in its "Economics 20," a listing of the world’s leading competition economics firms. Selection into this group of 20 firms is highly competitive and determined by an independent survey that analyzes the nominated firms’ size, presence of leading economists, recent client successes, historical pedigree, and market visibility.
Bates White Partner Dr. Eric Gaier testified on behalf of a joint defense group of leading pharmaceutical manufacturers in the AWP multidistrict litigation lawsuit. The judge in this case denied certification to the self-administered drug class, which represented more than 90% of the commerce at issue.
With recent changes in case law requiring district courts to make deeper inquiries at the class certification stage, a systematic treatment of the economics of class certification takes on greater importance. We employ relevant economic theories and quantitative techniques to examine testable implications of class-wide common impact and suitability of class-wide treatment. Our professionals have testified on behalf of joint defense groups opposing class certification and have critically assessed economic interpretations of common impact made by opposing economic experts.
- 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.
- Provided expert report and deposition testimony in an analysis of class certification issues in In re Ready-Mixed Concrete Antitrust Litigation. Analysis examined testable implications of class-wide impact and suitability of class-wide treatment. Critically assessed assertions made by Plaintiffs’ economic expert.
- Serving as a testifying expert on behalf of a health insurance company defending allegations that it artificially depressed reimbursement rates to certain medical providers. Assessing whether the impact of the allegedly depressed reimbursement rates was common across class members.
- Investigated class certification issues in a Sherman Act Section 1 matter in the freight forwarding industry. Analysis focused on assessing whether common factors predominate in shipping rates paid by shippers and consignees.
- In In re Pharmaceutical Industry Average Wholesale Price Litigation, served as the testifying expert on issues of common impact, feasible damage methodologies, and merits on behalf of a joint defense group of leading pharmaceutical manufacturers. Submitted written, deposition, and trial testimony concerning competitive dynamics between providers and Medicare and third-party payors and the effect of the Medicare Prescription Drug Improvement and Modernization Act of 2003. The judge denied certification to the self-administered drug class, which represented most of the commerce allegedly affected.
- Directed expert analysis for a top-tier academic expert working on behalf of a proposed class of medical residents alleging anticompetitive conduct in the determination of wages and working conditions. Performed analysis to assess issues associated with class certification and feasible damage methodologies.
- Directed economic and statistical analysis for a top-tier academic expert working on behalf of a proposed class of agricultural producers involved in price-fixing litigation under multiple state indirect purchaser statutes. Developed economic and statistical analysis of class certification issues and assessed degree of upstream pass-through and damages.
- Antitrust Law Journal, August 31, 2011