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Summary

Scott Thompson specializes in antitrust analysis of mergers and alleged anticompetitive conduct. He has significant methodological expertise and extensive experience using economic models and empirical techniques to assess and quantify predicted effects of proposed mergers, agreements, and single-firm conduct.

Dr. Thompson has an extensive background providing antitrust analysis in support of expert testimony. Prior to joining Bates White, he served at the US Department of Justice for more than 10 years as a staff economist and as Assistant Chief of the Economic Regulatory Section of the Antitrust Division. In that role, Dr. Thompson conducted or supervised the agency′s economic analysis in numerous investigations and cases involving a wide variety of industries including financial markets, consumer products, and healthcare.

Before joining the Antitrust Division, Dr. Thompson served on the faculty of the University of Minnesota, specializing in econometrics.

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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