Keith Waehrer specializes in mergers, monopolization claims, and calculations of reasonable royalties and antitrust damages. He has served as a testifying expert, submitted expert reports, and testified at deposition and at trial. Dr. Waehrer is also an expert in the analysis of competitive effects in auction markets and has written highly regarded papers on the subject.
As a visiting partner at E.CA Economics in Berlin, Germany, Dr. Waehrer also worked on a number of significant matters before the EC and numerous national competition authorities in Europe.
Prior to joining Bates White, Dr. Waehrer was a research economist with the Antitrust Division of the US DOJ, where he provided economic analysis in connection with numerous merger investigations and civil and criminal antitrust matters. Dr. Waehrer served as an economist with the Bureau of Labor Statistics, Economist Insight, and Bonneville Power Administration. His academic career includes teaching posts at the University of Maryland, Georgetown University, Johns Hopkins University, Brigham Young University, and Rutgers University.
PhD, Economics, Rutgers University
MA, Economics, Rutgers University
BA, Economics, Trinity College
- Supported DOJ expert Professor Carl Shapiro in the agency’s litigation over the proposed merger of AT&T and Time Warner.
- On behalf of DuPont, analyzed likely competitive effects of its proposed merger with Dow Chemical in a wide range of markets, including seeds and transgenic traits, agricultural chemicals, and specialty polymers.
- Provided support for expert testimony on behalf of American Express in its litigation with DOJ.
- Provided support for expert testimony before the Copyright Royalty Board in the SARS III proceeding on behalf of Sirius XM.
- Provided support for expert testimony on behalf of Songkick in connection with Complete Entertainment Resources LLC d/b/a/ Songkick v. Live Nation Entertainment, Inc; Ticketmaster LLC.
- Assisted counsel for International Paper Company by performing merger analyses, including a merger simulation, of International Paper’s proposed acquisition of Weyerhaeuser's pulp business.
- Contributed analyses and advice to counsel for Nelnet in connection with its acquisition of Great Lakes’ student loan business. Submitted a white paper and participated in meetings with the DOJ staff and front office.
- Assisted the Competition Bureau of Canada in its review of the Iron Mountain/Recall merger.
- On behalf of the Department of Justice, prepared as a testifying expert regarding the proposed mergers of Caraustar and Newark, which manufacture uncoated recycled boxboard along with a number of downstream products; Flakeboard and Sierra Pine, which manufacture medium density fiberboard and particleboard; and Stamps.com and Endicia, which provide computer-based systems for buying printable United States postage.
- Provided trial testimony on behalf of Pandora in its litigation with Broadcast Music, Inc. (BMI) regarding the royalty rate for Pandora’s use of music licensed by BMI (Broad. Music, Inc. v. Pandora Media, Inc.).
- Led the Bates White team providing support for Dr. Joseph Farrell, who provided expert analysis to the FCC on behalf of Cogent Communications regarding the proposed merger of Comcast and Time Warner Cable.
- Submitted testimony to the Copyright Royalty Board on behalf of National Public Radio, Inc. and the Corporation for Public Broadcasting as part of the Webcasters IV proceeding to determine webcaster royalties for the digital performance rights in sound recordings and ephemeral recordings.
- In the matter In re Petition of Pandora Media, Inc., led the Bates White team providing support for the expert analyses, reports, and testimony of Dr. Leslie Marx on behalf of Pandora in its litigation with the American Society of Composers, Authors, and Publishers (ASCAP).
- Led the Bates White support team for experts in the matter Monsanto v. DuPont.
- On behalf of Express Scripts in connection with its $29 billion acquisition of Medco Health Solutions, conducted both an upward pricing pressure analysis and a merger simulation to predict the competitive effect of the merger in order to demonstrate that the proposed transaction would not have an anticompetitive effect.
- Testified before the South African Competition Tribunal on unilateral and coordinated effects of the proposed Pioneer Hi-Bred–Pannar Seed merger, along with the effects of efficiencies on postmerger pricing.
- Served as testifying expert on behalf of Allflex in Allflex v. Avid Identification Systems.
- Served as testifying expert in The Crystal Import Corporation v. Avid Identification Systems, an exclusionary conduct matter regarding radio frequency identification microchips.
News & Insights
- May 8, 2018
- April 10, 2018
- April 20, 2017
- February 23, 2012
- July 2018
- February 5, 2018
- July 26, 2017
- April 22, 2016
- June 29–July 1, 2018
- June 11, 2018
- December 5, 2017
- September 28, 2017
- July 1, 2016
- June 25, 2016
- February 18, 2016
- June 3, 2013
- June 7, 2012