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Photo of T. Scott  Thompson, PhD

Summary

Scott Thompson specializes in antitrust analysis of alleged anticompetitive conduct. He has methodological expertise and extensive experience using economic models and empirical techniques to assess and quantify actual or predicted effects of proposed mergers, agreements, and single-firm conduct, including damages. Dr. Thompson is experienced in econometrics, simulation, survey design and analysis, analysis of vertical and horizontal restraints, and merger analysis. He has an extensive background providing antitrust analysis in support of expert testimony and enforcement decisions.

Dr. Thompson has testified and provided expert consulting services in a wide variety of industries. He has worked for and represented clients before the Federal Trade Commission, the Antitrust Division of the US Department of Justice, the Canadian Bureau of Competition, and the US Postal Commission. He works often with clients and testifying experts on matters in litigation. Dr. Thompson has been named among Who's Who Legal Competition Economists since 2022.

Prior to joining Bates White, he served as staff economist and the Assistant Chief of the Economic Regulatory Section of the Antitrust Division. Earlier, Dr. Thompson served on the faculty at the University of Minnesota.

Dr. Thompson is a founder of Bates White’s Econometric Education Program for employees and has presented tutorials on econometrics and antitrust analysis at leading law firms and to Department of Justice attorneys and economists.

Education

PhD, Economics, University of Wisconsin

MS, Economics, University of Wisconsin

AB, International Relations, Stanford University

SPOTLIGHT

Final Offer Arbitration as a Merger Remedy—This presentation offers an economic perspective of FOA as a remedy in the AT&T / Time Warner merger case.

Selected Work

Selected Experience

Mergers

Monopolization and cartels

  • On behalf of the FTC, supported Professor Carl Shapiro’s reports in litigation against Qualcomm in Federal Trade Commission v. Qualcomm Inc. 
  • Retained to testify on economic damages on behalf of American Specialty Health, Inc. in its exclusive dealing suit against Healthways, Inc.

  • Provided liability and damages analysis for DuPont in its litigation against Monsanto regarding alleged antitrust and intellectual property violations.

  • In two matters, American Airlines v. Sabre and American Airlines v. Travelport, led the team providing support for expert testimony on damages on behalf of American Airlines.
  • On behalf of DuPont, provided economic analysis and expert testimony in a monopolization case related to sales of para-aramid fiber (e.g., Kevlar) in the United States. DuPont was granted summary judgment in its favor and Kolon Industries’ antitrust claims were dismissed with prejudice.

  • Supported multiple testifying experts retained by counsel for Advanced Micro Devices (AMD) in litigation against Intel, Inc., alleging illegal conduct to maintain a monopoly. 

Consumer protection

  • Supported expert testimony of Dr. Joseph Farrell on behalf of LendingClub in Federal Trade Commission v. LendingClub Corporation regarding the estimation of economic consumer harm (if any) stemming from LendingClub’s loan disclosures.
  • Assisted counsel for a class of dealers seeking damages from Volkswagen due to deceptive practices related to allegedly "clean diesel" engines installed in certain vehicles.
  • On behalf of consumer claimants, assisted class counsel in pursuing claims against Fiat Chrysler America and Bosch arising from deceptive practices related to “EcoDiesel” engines installed in some Dodge Ram and Jeep Grand Cherokee vehicles. The class action settled for $307.5 million.
  • Retained to assist in responding to a Federal Trade Commission (FTC) investigation into AdvoCare’s multilevel marketing (MLM) model of product distribution.
  • Supported the expert testimony of Dr. Joseph Farrell working on behalf of Herbalife International of America (Herbalife) related to a Federal Trade Commission (FTC) investigation into the company’s multilevel marketing model in which products are sold through a member network.

Regulatory

News & Insights

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