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Summary

Zenon Zabinski is an economist specializing in analysis of competition and antitrust issues, with a particular focus on the healthcare industry. He has extensive experience applying a broad range of economic tools and empirical methods in assessing market power and examining the effects of firm conduct, including horizontal and vertical consolidation as well as monopolization practices, on competition and consumers.

Within healthcare, Dr. Zabinski has worked on a variety of merger and monopolization matters involving payers, providers, and pharmacy benefit managers. His prior engagements in other industries include analysis of competition in television broadcasting, mobile telecommunications, federal government contracting, and e-commerce. He has supported both private parties and government agencies, including the Department of Justice, the Federal Trade Commission, and state attorneys general, in investigations and litigation. In addition, he has performed economic analysis informing client strategy and public policy decisions.

Dr. Zabinski has conducted research in industrial organization, healthcare economics, and public policy. His writings have appeared in the American Journal of Health Economics, Antitrust Law Journal, and CPI Antitrust Chronicle and have been featured by the New York Times.

Education

PhD, Economics, Northwestern University

MA, Economics, Northwestern University

BS, Computer Engineering, Santa Clara University

Selected Work

Selected Experience

  • On behalf of the California Public Employees’ Retirement System (CalPERS), which provides health benefits to California public employees, retirees, and their families, co-authored study analyzing how CalPERS can structure its health benefit to better leverage competition among health plans to reduce the cost of its offering while maintaining access to quality care.
  • On behalf of a coalition of state attorneys general, supported testifying experts in the states’ challenge of the merger of T-Mobile and Sprint. Assisted in assessing the merger’s impact on prices and quality of mobile telecommunications services and with preparation of expert reports.
  • Supported the testifying expert in an arbitration matter before the International Chamber of Commerce between an executive and his former employer, which alleged that the former executive violated certain non-compete provisions of his employment contract when he began working at his new firm. Analyzed the degree of competition between the two companies and whether the former employer was likely to be harmed as a result of the executive’s new employment.
  • 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 (FTC) and several state Attorney General offices addressing potential horizontal and vertical concerns arising from the proposed transaction. 
  • On behalf of Optum in its acquisition of The Polyclinic, assisted the expert with submissions to the FTC addressing potential horizontal and vertical concerns raised by the merger. The FTC cleared the transaction without issuing a second request.
  • On behalf of Express Scripts, supported the expert in analyzing possible concerns related to horizontal effects of its proposed merger with Cigna in markets for pharmacy benefit management services and Medicare Part D insurance. 
  • On behalf of the Department of Justice (DOJ), assisted experts in the DOJ’s investigation of Sinclair Broadcast Group’s proposed $3.9 billion deal to acquire Tribune Media. 
  • 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. 
  • Working on behalf of the FTC, provided support to the expert in analyzing the competitive effects of a Texas Medical Board rule requiring that physicians meet face to face with patients before offering certain services such as prescribing medication via telemedicine. 
  • On behalf of Humana in connection with its proposed merger with Aetna, provided support for responses to the DOJ’s second request, analyzed likely competitive effects and barrier to entry and exit in the sale of Medicare Advantage products, and analyzed likely competitive effects in the sale of individual health insurance on public exchanges.
  • Supported testifying expert on behalf of the FTC in its proceedings seeking to block Cabell Huntington Hospital’s acquisition of St. Mary’s Medical Center in Huntington, WV. 
  • Supported testifying expert in cases against major sports organizations for monopolization of television and internet broadcast rights to live sporting events. 

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