Aparna Sengupta is a Principal in the Antitrust and Competition practice at Bates White. She is an expert in the empirical methods used in antitrust and competition analysis, including merger simulation, damages estimation, retrospective analysis, experiment design, and assessing reliability of analyses put forth by other experts. She has significant experience in mergers (horizontal and vertical), collusion, policy, and monopolization cases involving two-sided markets. Recently, she supported testifying experts in the Federal Trade Commission’s litigation over the proposed merger between Tronox and Cristal, American Express Anti-Steering Rules Antitrust Litigation, Sinclair Broadcast Group's acquisition of regional sports networks, CDK Global in In re Dealer Management Systems Antitrust Litigation, and FTC’s litigation against dental distributors Benco, Patterson, and Schein.
Prior to joining Bates White, Dr. Sengupta was a teaching assistant at Boston University, where she taught econometrics and microeconomics at both the undergraduate and graduate levels. Her academic research has primarily focused on structural change in the spatial econometrics framework, machine learning techniques, and measuring network effects. Dr. Sengupta also has extensive experience in management consulting. She has published in peer-reviewed journals such as the Econometrics and Economic Modeling.
PhD, Economics, Boston University
MS, Quantitative Economics, Indian Statistical Institute, India
BS, Economics (Honors), St. Xavier’s College, India
- Supported the expert on behalf of the Federal Trade Commission (FTC) in its efforts to block the formation of a joint venture between Peabody Energy Corporation and Arch Resources.
- In In re EpiPen ERISA Litigation, provided expert support regarding the reliability of plaintiffs’ proposed classwide remedies on behalf of the joint defense group of leading Pharmacy Benefit Managers, defending alleged breach of fiduciary obligations associated with EpiPen® rebates.
- On behalf of the Federal Trade Commission (FTC) in its litigation over the proposed merger between Tronox and Cristal, supported the expert in providing key market definition analysis and modeled the likely unilateral and coordinated effects of the merger.
- In In re Dealer Management Systems Antitrust Litigation, supported the expert to submit a rebuttal report on behalf of CDK Global. Reviewed and evaluated liability opinions of multiple plaintiff expert reports and analyzed the conduct of CDK and Reynolds to assess the merits of plaintiffs’ allegations.
- On behalf of Sinclair Broadcast Group, Inc., supported the expert in analyzing the likely competitive effects of Sinclair’s acquisition of regional sports networks originally owned by 21st Century Fox.
- On behalf of American Express in American Express Anti-Steering Rules Antitrust Litigation II, provided support to the expert. Analyzed Amex’s market power and agreements with merchants to opine on whether Amex’s agreements with merchants serve or restrict competition.
- On behalf of the Federal Trade Commission, which alleged that full-service dental distributors Benco, Henry Schein, and Patterson conspired to refuse to offer discounted prices or otherwise negotiate with buying groups seeking to obtain supply agreements for groups of independent dentists, supported the expert in providing written and deposition testimony defining relevant markets, analyzing alleged conduct, and evaluating its effects.
- Prepared economic analysis on behalf of the Canadian Competition Bureau in support of its review of the acquisition of Manitoba Telecom Services, Inc. by BCE Inc.
- 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.
- Supported lead consulting expert on behalf of DuPont in its proposed merger with Dow Chemical by performing retrospective analysis, merger simulation, and customer switching analysis.
- Providing support for the consulting expert for a top US medical school and healthcare provider in estimating the research and business losses occurring after a natural disaster.
- In a proposed fuel industry merger, supported an expert and analyzed market shares, market segmentation, and pricing patterns to assess the potential effect of the proposed merger on fuel prices and competition. The parties walked away from the merger.
- Supported the expert in a declaration regarding the competitive effects of exclusionary conduct and licensing restraints as part of a merger between manufacturers of home automation systems. The settlement resulted in a licensing agreement favorable to the firm’s client.
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- February 25, 2022
- May 2021