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Kevin Pflum is a Principal in the Healthcare Practice at Bates White. He has significant experience conducting quantitative and qualitative analyses, including analyzing the competitive effects of consolidation, market monopolization, and monopsonization in physician, hospital, and health insurer markets. He has worked on merger cases within and outside of health markets that involve federal government agency oversight. He has also performed extensive research in the industrial organization of healthcare markets and has published in several top journals, including AEJ: Policy, the RAND Journal of Economics, and the Journal of Economics and Management Strategy.

Prior to joining Bates White, Dr. Pflum was an assistant professor at the University of Alabama, where he taught courses in industrial organization, managerial economics, and principles of microeconomics.


PhD, Economics, The Ohio State University

MA, Economics, New York University

BS, Mathematics, University of Victoria

Selected Work

Selected Experience

  • Led the team supporting the expert analysis of Dr. Leemore Dafny on behalf of the Federal Trade Commission in its action to enjoin Hackensack Meridian Health’s proposed acquisition of Englewood Health. Evaluated the market definition and competitive effects for inpatient general acute care services. Evaluated the efficiencies, cost savings, and other procompetitive effects claimed by the merging parties’ economic experts.
  • On behalf of Optum, supported the expert in work to clear Optum's acquisition of Beaver Medical Group in southern California before the Federal Trade Commission. 
  • On behalf of a major health insurer, analyzed the likely effects of its proposed acquisition of another health insurer with complementary capabilities. Presented findings to the Department of Justice, which closed its investigation.

  • Led the team supporting the expert analysis of Dr. Cory Capps on behalf of defendants in litigation brought by the Federal Trade Commission to enjoin the proposed merger of Jefferson Health with Albert Einstein Healthcare Network.
  • On behalf of Centene in connection with its proposed merger with WellCare, supported both organizations' efforts to respond to the Department of Justice's (DOJ) second request. 
  • Led the team supporting the expert analysis of Dr. Cory Capps on behalf of the Washington State Attorney General's office in its litigation effort to unwind CHI Franciscan Health's acquisitions of two physician groups.
  • On behalf of UnitedHealth's health services subsidiary Optum in its acquisition of DaVita Medical Group, assisted the expert with presentations and submissions to the Federal Trade Commission and several state Attorney General offices addressing potential horizontal and vertical concerns arising from the proposed transaction.
  • Supported expert working on behalf of the DOJ to evaluate the effectiveness of AT&T's proposed conduct remedy in its merger with Time Warner. The evaluation included a qualitative review of the ability of the remedy to constrain the merged firm’s increased market power.
  • Assisted expert in analyzing the economic losses to a large quaternary care hospital that experienced an unexpected, temporary closure; the analysis examined the long-term impacts to inpatient and outpatient care. 
  • In response to a client’s request for modification to a State Order, provided analyses of the changes in the competitive landscape for hospital services and health insurance following the acquisition of a hospital system by a large health insurer.
  • Supported expert in analyzing the strategic behavior and interaction of a large hospital system and health insurer
  • On behalf of Humana, in connection with its proposed merger with Aetna, provided support with responses to the Department of Justice’s second request and analyzed competitive effects in the sale of Medicare Advantage products and, separately, health insurance exchange products offered under the Affordable Care Act.

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