Assessed the anticompetitive effect of alleged exclusionary conduct on behalf of a medical equipment manufacturer. Developed innovative theoretical and empirical analysis to evaluate the effect of bundled loyalty discounts. Worked closely with experts to provide written and deposition testimony on liability and damages.

Counsel for the plaintiff Augustine Medical, Inc. retained Dr. Eric Gaier of Bates White to offer testimony on the economic analysis conducted by an opposing expert. Dr. Gaier conducted an independent assessment of the monopolization alleged in defendant Mallinckrodt, Inc.’s antitrust counterclaim against Augustine. Dr. Gaier concluded that Augustine did not have monopoly power in the appropriately defined market, and that Mallinckrodt’s alleged harm was the result of procompetitive factors. The Court excluded the opposing expert’s testimony and granted a motion for summary judgment in favor of Augustine.