Eric M. Gaier, PhD

Dr. Eric M. Gaier is a founding member of Bates White, LLC, and currently serves on the firm's Board of Directors. He focuses on matters in the Antitrust and Competition, Healthcare, and Life Sciences Practices. Dr. Gaier has significant experience in the application of economic and statistical analyses to antitrust, intellectual property, False Claims Act (FCA), Employee Retirement Income Security Act (ERISA), California Unfair Competition Law (UCL), commercial success, and other legal frameworks. He specializes in economic analysis of issues associated with class certification, liability, causation, and damages.

Dr. Gaier has testified and consulted for government, law firm, and corporate clients across a variety of industries including health insurance, pharmaceuticals, medical devices, retail sales, agriculture, technology, commercial aviation, aerospace manufacturing, and defense procurement.

PhD, Economics, Duke University

MA, Economics, Duke University

BA, Economics, Florida State University

• In Sandoz Inc. v. United Therapeutics Corporation, testified regarding issues of market definition, market power, competitive effects, and irreparable harm on behalf of United Therapeutics and Smiths Medical. Provided deposition testimony.
• In Takeda Pharmaceutical Company Limited v. Zydus Pharmaceuticals (USA) Inc., testified concerning market definition, market power, competitive effects, and damages on behalf of Takeda in connection with Zydus’s antitrust counterclaims. Provided deposition testimony.
• In In re Teva Securities Litigation, testified on antitrust issues associated with alleged misrepresentations regarding the sources of Teva’s profits and the competitiveness of markets for generic drugs. Provided deposition testimony.
• In Medical Mutual of Ohio v. AbbVie Inc., testified regarding economic issues associated with class certification and merits on behalf of a joint defense group of leading testosterone replacement therapy (TRT) manufacturers in connection with alleged RICO and antitrust violations. Provided deposition testimony.
• In State of Illinois v. Abbott Labs, Inc., served as a testifying expert on causation and damages on behalf of certain Johnson & Johnson companies concerning allegations of deceptive pricing practices. Provided expert reports, deposition, testimony, and trial testimony.
• In United States ex rel. Donald R. Galmines v. Novartis Pharmaceuticals Corp. served as a testifying expert on causation and damages on behalf of Novartis in connection with alleged FCA violations. Provided deposition testimony.
• In Purdue Pharma LP v. Watson Laboratories, Inc. served as a testifying expert regarding commercial success as a secondary consideration of patent nonobviousness on behalf of Purdue. Provided deposition testimony.
• In In re WellPoint, Inc. Out-of-Network “UCR” Rates Litigation, served as a testifying expert on economic issues associated with class certification and merits on behalf of WellPoint. Provided deposition testimony.
• In Center City Periodontists, P.C. v. Dentsply International, Inc., served as a testifying expert on economic issues associated with class certification. Provided deposition and hearing testimony.
• In Static Control Components, Inc. v. Lexmark International, Inc., served as the testifying expert on market definition, market power, and competitive impact. Provided deposition and trial testimony.
• In State of Alabama v. Abbott Labs., Inc., served as a testifying expert on behalf of a joint defense group of leading pharmaceutical manufacturers. Provided deposition and trial testimony.
• In In re Pharmaceutical Industry Average Wholesale Price Litigation, served as a testifying expert on economic issues associated with class certification and merits on behalf of a joint defense group of leading pharmaceutical manufacturers. Provided deposition and trial testimony.