- Antitrust analysis
- Applied microeconomics
- Damages estimation
- Data analysis
- Economic modeling
- Liability analysis and forecasting
- Risk assessment
- Settlement and mediation support
- Commodity markets
- Computer hardware and software
- Digital music
- Rubber synthetics
Rachel Grinberg has over a decade of experience directing econometric and empirical analyses in complex, data-intensive matters involving alleged anticompetitive conduct, damages assessments, and insurance coverage disputes. She has led econometric modeling teams in a number of price-fixing and merger engagements, executed complex insurance allocations, and supported testifying experts retained in litigation. She also regularly works with counsel throughout the various phases of litigation and has provided settlement and mediation support.
Dr. Grinberg’s work includes analyzing competitive effects and estimation of damages in a wide range of industries. She specializes in developing robust estimation techniques in the presence of missing, corrupt, and contaminated data. She has in-depth expertise in microsimulation modeling, including Monte Carlo simulations and competitive risk models, as well as damages and potential anti-competitive effect estimation using well-accepted econometric models.
Prior to joining Bates White, Dr. Grinberg was a researcher at the Department of Mathematics at the University of California at San Diego. She received the Alexander von Humboldt research fellowship, which promotes academic cooperation between scientists and scholars from abroad and in Germany.
Coauthored expert reports and testified during arbitration proceedings regarding pharmaceutical-based losses.
Led the liability analysis in support of an expert in a private litigation related to an alleged conspiracy to fix fuel surcharges on cargo freight by major airlines.
- In the matter ACCC v. Informed Sources, led the team supporting the expert analysis of Dr. Leslie Marx on behalf of the Australian Competition and Consumer Commission in its Federal Court of Australia proceedings against Informed Sources. Dr. Marx analyzed whether the retail gasoline price information provided by Informed Sources to fuel retailers that subscribed to the service likely lessened competition in metropolitan Melbourne.
- In In re TFT-LCD (Flat Panel) Antitrust Litigation, led a team that performed economic analyses to assess liability and damages resulting from the indirect claim on behalf of a large coalition of direct-action plaintiffs in the United States, Asia, and Europe. Worked extensively with the testifying expert on the econometric analysis used for the expert report and deposition testimony. Aided clients in settlement discussions to assess the value of plaintiffs’ indirect claim.
- Conducted extensive economic analysis on behalf of Express Scripts in connection with its $29 billion acquisition of Medco Health Solutions. The analysis, which was presented to the Federal Trade Commission as well as state enforcement agencies, showed that adverse competitive effects were unlikely in any relevant market. Bid data were used to investigate the current structure of competition and to calibrate merger simulation models that demonstrated there would be no unilateral incentive to increase prices after accounting for anticipated efficiencies. The FTC unconditionally approved the merger after an eight month investigation, finding no likelihood of unilateral effects, coordinated effects, or exercise of monopsony power.
- On behalf of two reinsurers, estimated covered losses incurred by a pharmaceutical company in regards to alleged harm caused by one of its drugs. Aided clients in settlement negotiations and directed a team that provided expert report and testimony support at a UK-law arbitration regarding the damage claim.
- Supported econometric analysis on behalf of the Federal Trade Commission in the evaluation of a petroleum merger of Western Refining, Inc. and Giant Industries, Inc. Developed a simulation model to estimate the impact of the merger on petroleum prices in the El Paso, TX region. Worked extensively with the testifying expert on the econometric analysis used for the expert report, deposition, and trial testimony regarding the likely competitive effects of the merger.
- Provided economic consulting support to Delta Air Lines and Northwest Airlines in connection with their proposed merger under investigation by the DOJ. Analyzed price effects and developed a retrospective merger analysis for the airline industry.
- Supported multiple testifying experts on behalf of plaintiffs in In re Dynamic Random Access Memory (DRAM) Antitrust Litigation. Worked closely with the damages expert on strengths and shortcomings in the econometric analyses put forward by defendants’ experts. In addition, developed an econometric model for the liability report that showed co-movement of plaintiffs’ prices and prices defendants admitted to have fixed.
PhD, Mathematics, University of Heidelberg, Germany
MS, Mathematics and Computer Science, University of Mainz, Germany
- Mealey's Litigation Report: Asbestos, September 2, 2009
- Chicago, IL, April 7, 2011 – April 8, 2011
- New York, NY, October 7, 2010 – October 8, 2010