Bates White: Economic Consulting

Christopher Stomberg is a co-founder of Bates White’s Healthcare Practice and specializes in pharmaceutical and healthcare matters. He received his Ph.D. in economics from the University of California, San Diego. Dr. Stomberg has more than 20 years of experience as an economic consultant providing services in antitrust litigation, fraud and False Claims Act (FCA) investigations, damage and exposure analyses, econometric modeling, and quantitative economic analyses. Dr. Stomberg has worked on merger investigations, provided consulting to pharmaceutical manufacturers related to pharmacoeconomics and marketing performance optimization, and managed analytics and modeling for large antitrust matters, including In re Vitamins Antitrust Litigation. In conjunction with Dr. Halbert White, Dr. Stomberg developed the first generation of several analytical tools and techniques employed at Bates White, including a statistical tool that aided in the detection of arterial plaques on MRI images.

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

• Authored expert report and provided deposition testimony on behalf of excess insurers involved in a coverage dispute regarding asbestos claims settled by an engineering and construction firm. Testimony covered the design and statistical analysis of a sample of settled claims at issue in order to assess the overall value of those settlements that were tied to claimants with potential asbestos operations exposures.
• Serving as the lead consulting expert to provide liability and damages analysis for a biotech company defending alleged violations of federal and state False Claims Acts and anti-kickback statutes. Allegations involve hidden price incentives, improper marketing tactics, and off-label promotion.
• Served as consulting expert for several pharmaceutical manufacturers and joint defense groups in a variety of Average Wholesaler Price (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 of capacities. Examinations focused on Medicaid and Medicare reimbursements and policy, pharmaceutical price determination and contracting structures, and transactional data employed by pharmaceutical manufacturers, private medical clinics, retail pharmacies, Pharmacy Benefit Managers (PBMs), Medicare, Medicaid, private health insurers, third-party administrators, drug wholesalers, and numerous third-party sources of industry information.
• Offered an affidavit in support of Pharmacia Corporation’s motion in opposition of consolidation in Alabama Medicaid Pharmaceutical Average Wholesaler Price Litigation.
• Managed NIH-funded research project for the development of a non-invasive atherosclerosis diagnostic tool using magnetic resonance imaging (MRI). This work successfully validated the concept and application of Dr. Halbert White’s artificial neural network software. Results of this work were published in a peer-reviewed journal article.
• 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 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 Dr. 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 Dr. 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 (with focus on econometrics)

MA, Economics, George Washington University

BA, Economics, University of Massachusetts, Amherst