Mathis Wagner, PhD

Mathis Wagner is a Principal in the Antitrust and Competition Practice at Bates White. He is an expert in the economics of monopolization; the empirical methods used in antitrust and competition analysis; the analysis of issues related to labor markets, including non-compete agreements; and experimental/survey design and evaluation. He currently is the testifying expert in two matters and has served as a lead consulting expert on numerous engagements.

Dr. Wagner has provided consulting and expert support in monopolization cases in a variety of industries and cases, including in NFL Sunday Ticket Antitrust Litigation, Veeva v. IQVIA, American Express Anti-Steering Rules Antitrust Litigation, Apple v. Qualcomm, and Sandoz v. United Therapeutics Corporation. He has supported DOJ’s expert in a Tunney Act proceeding related to the merger of CVS Health and Aetna, and, on behalf of Willis Towers Watson (WTW), assisted at all stages of merger review in connection with the $30 billion proposed merger between Aon and WTW. He currently is the testifying expert in a non-compete/non-solicitation case and a class certification matter.

Prior to joining Bates White, Dr. Wagner was a faculty member at Boston College, where he taught courses in microeconomics and labor economics at both the undergraduate and graduate levels. His research includes work on the impact of consolidation on premiums in Medicare Part D, optimal experimental/survey design, the impact of immigration and refugees in host countries, the determinants of migration decisions, and the incentives inherent in the design of old-age social security. Dr. Wagner has extensive experience consulting with the World Bank and has published in peer-reviewed journals such as the Journal of Health Economics, Journal of Labor Economics, World Bank Economic Review, Experimental Economics, Economic Inquiry, and the Scandinavian Journal of Economics.

PhD, Economics, University of Chicago

MA, Economics, University of Chicago

BA, Economics, University of Cambridge

Testifying experience and retentions

• Testifying expert on behalf of defendants regarding their antitrust counterclaims (in a breach of contract case) concerning the competitive effects of the non-compete and non-solicitation provisions in employment agreements between the parties.
• Retained as testifying expert on behalf of plaintiffs in a class cert case providing statistical and economic analysis.

Monopolization

• Served as a lead consulting expert in a large monopolization case in the tech industry on behalf of plaintiffs. Supported testifying expert on issues of market definition, market power, theory of harm, and competitive effects.
• Served as a lead consulting expert on behalf of the NFL in the National Football League Sunday Ticket Antitrust Litigation. Supported testifying expert on theory of harm and the competitive effects of the alleged conduct.
• Served as a lead consulting expert on behalf of Veeva in Veeva Systems Inc. v. IQVIA Inc., concerning the monopolization of data and data management software for pharmaceutical companies. Supported testifying expert on issues of market definition, market power, theory of harm, and competitive effects.
• On behalf of Pacific Surf Designs in Pacific Surf Designs, Inc. v. Whitewater West Industries, Ltd., et al., provided expert support issues of market definition, market power, and competitive effects.
• On behalf of United Therapeutics and Smiths Medical in Sandoz Inc. and Raregen, LLC v. United Therapeutics Corporation and Smiths Medical ASD, Inc., provided consulting and expert support regarding issues of market definition, market power, competitive effects, and irreparable harm in connection with plaintiffs’ motion for a preliminary injunction to enjoin defendants from enforcing allegedly exclusionary contracts.
• On behalf of American Express in American Express Anti-Steering Rules Antitrust Litigation II, provided consulting and expert support. Analyzed Amex’s market power and the competitive effects of Amex’s agreements with merchants.
• On behalf of Apple in Apple Inc. v. Qualcomm Inc., provided consulting and expert support. Analyzed the extent of Qualcomm’s market power in modem chipsets, and the competitive effects of Qualcomm’s conduct.

Mergers

• On behalf of Willis Towers Watson (WTW), assisted at all stages of merger review in connection with the $30 billion proposed merger between Aon and WTW, including preliminary antitrust risk assessment, Hart-Scott-Rodino–related submissions, and responses to the DOJ's second request to multiple advocacy submissions and presentations to the DOJ and the Canadian Competition Bureau.
• Conducted analysis of the competitive effects of consolidation in Medicare Part D on premiums and supported DOJ’s expert in a Tunney Act proceeding concerning the proposed remedy of CVS’s proposed acquisition of Aetna.