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Photo of A. Rachel  Grinberg, PhD

Summary

Rachel Grinberg provides consulting expertise and expert support in complex, data-intensive matters involving the competitive effects of mergers and acquisitions and alleged anticompetitive conduct, including liability and damages. She specializes in developing robust economic estimation techniques to determine whether anticompetitive conduct occurred and to measure its impact. She has led numerous economic analyses in large antitrust matters involving allegations of collusion and monopolization and potential anti-competitive effects of mergers, and she regularly supports testifying experts retained in litigation. She also works with counsel throughout the various phases of litigation and supports clients with settlement negotiations and mediation.

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.

Education

PhD, Mathematics, University of Heidelberg, Germany

MS, Mathematics and Computer Science, University of Mainz, Germany

Languages

Selected Work

Selected Experience

  • 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.  
  • 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 experts on the econometric analysis used for the expert reports and deposition testimony. 
  • Conducted extensive economic analysis on behalf of Express Scripts in connection with its $29 billion acquisition of Medco Health Solutions
  • 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.  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. 
  • 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. 

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