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Summary

Mashfiqur R. Khan has expertise in economic analysis of competition, including merger analysis and damages estimation. In matters involving merger cases, Mashfiqur has worked to analyze horizontal and vertical theories of harm as well as efficacy of proposed or potential structural remedies. He has extensive experience working with plaintiffs’ counsel as well as with attorneys from the Federal Trade Commission. His experience includes work in the agricultural, biotechnology, chemical, electronics, information technology, healthcare, and retail industries. Prior to joining Bates White, Mashfiqur taught undergraduate courses at Tulane University and Boston College.

Mashfiqur is closely involved with firm-building activities that support maintaining and promoting the firm’s core values. For example, he is a core planner of the annual Hal White Antitrust Conference, which brings together distinguished antitrust practitioners, academics, and enforcers. He is enthusiastic about supporting the firm’s commitment to incorporate cutting-edge economic theories and empirical techniques into its consulting services to pursue that goal, which the conference does.

Education

PhD, Economics, Boston College

MA, Economics, New York University

BSS, Economics, University of Dhaka

Selected Work

Selected Experience

  • Supported the expert in a Canadian class action litigation on behalf of plaintiffs who allege that Amazon and third-party sellers agreed on a most favored nation (MFN) provision that prohibits third-party sellers from offering their products on platforms other than Amazon at prices that are lower than the prices they charge on Amazon. 
  • On behalf of Change Healthcare in its proposed $13.8 billion merger with UnitedHealth Group, supported the merging parties’ advocacy efforts and subsequent preparation for a challenge by the Department of Justice (DOJ). 
  • Supported the expert in advising client being acquired in an information technology merger, providing evidence showing that the merging firms’ product portfolios were largely complementary and also rebutting vertical theories of harm investigated by antitrust authorities of various governments.
  • Worked with the expert to assist Rite Aid in clearing its acquisition of Bartell Drugs before the Federal Trade Commission and the Washington State Attorney General’s office. 
  • On behalf of several direct action plaintiffs that include large electronic component distributors and contract manufacturers, including Avent, supported the expert in submitting a rebuttal report in In re Capacitors Antitrust Litigation. A California federal jury returned a verdict for Avnet in the amount of $89.2 million.
  • Supported the expert 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. Evaluated the market definition and competitive effects, and analyzed the inpatient general acute care services market to evaluate the likely competitive effects of the merger.

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