- Demand modeling
- Horizontal and vertical restraints
- Mergers and acquisitions
- Computer hardware and software
- Financial services
- Health insurance
- Investment products
- Medical devices
- Pulp and paper
Scott Thompson specializes in antitrust analysis of mergers and alleged anticompetitive conduct. He has significant methodological expertise and extensive experience using economic models and empirical techniques to assess and quantify predicted effects of proposed mergers, agreements, and single-firm conduct.
Dr. Thompson has an extensive background providing antitrust analysis in support of expert testimony. Prior to joining Bates White, he served at the US Department of Justice for more than 10 years as a staff economist and as Assistant Chief of the Economic Regulatory Section of the Antitrust Division. In that role, Dr. Thompson conducted or supervised the agency′s economic analysis in numerous investigations and cases involving a wide variety of industries including financial markets, consumer products, and healthcare.
Before joining the Antitrust Division, Dr. Thompson served on the faculty of the University of Minnesota, specializing in econometrics.
- On behalf of health insurer Anthem, authored an expert report in a Delaware Chancery Court case arising from Anthem’s proposed $54 billion merger with Cigna.
- Retained as testifying expert on a merger of international agricultural product firms.
- On behalf of Amazon Fulfillment Services, Inc., submitted a declaration to the Postal Regulatory Commission addressing analysis submitted by experts in a proceeding related to proposed changes in accounting methodology for Postal Service highway transportation costs.
- On behalf of Amazon Fulfillment Services, Inc., submitted a declaration to the Postal Regulatory Commission addressing conceptual and statistical issues raised by a proposal to change US Postal Service accounting methods in order to account for variable costs allegedly “hidden” in costs not currently attributed to individual products. The declaration was cited extensively by the Commission in support of its Order declining to adopt the proposal.
- Supported the expert testimony of Dr. Joseph Farrell working on behalf of Herbalife International of America (Herbalife) related to a Federal Trade Commission (FTC) investigation into the company’s multilevel marketing model in which products are sold through a member network. The FTC and Herbalife reached a settlement in which Herbalife agreed to certain injunctive relief and to pay $200 million to the FTC for consumer redress.
- Supported expert on behalf of DOJ in the matter U.S. v. AB Electrolux, Electrolux North America, Inc., and General Electric Company. Expert testified in support of the Antitrust Division’s successful challenge of Electrolux’s proposed acquisition of General Electric’s major appliance business. For more information, read the press release.
- Provided support for Dr. Joseph Farrell, who submitted two declarations on behalf of Comcast in an FCC proceeding on business data services. The FCC is seeking comment on a new regulatory framework for the provision of business data services.
On behalf of construction material manufacturers Holcim Ltd. and Lafarge SA, provided economic analysis of the likely competitive effects of the proposed $25 billion merger in markets for cement, ready-mix concrete and construction aggregates in North America, analyzed various divestiture scenarios, and provided ongoing support to attorneys for the parties throughout the regulatory approval process. The analysis was presented in two written submissions to the FTC and two written submissions to the Canadian Bureau of Competition (CBC). After almost one year of review, the FTC and CBC approved the merger, pending certain asset divestitures. For more information, read the press release.
Worked on behalf of Dr. Oetker to analyze the competitive effects of its proposed acquisition of McCain Foods’ North American frozen pizza business. Submitted analysis to the Competition Bureau of Canada, who cleared the acquisition without the issuance of a supplemental information request. For more information, read the press release.
- Conducted detailed economic analysis on behalf of Eli Lilly in connection with its $5.4 billion acquisition of Novartis Animal Health. Both firms were active in developing and marketing animal health products, including medications used to treat pets and livestock. Bates White assessed overlaps in several areas, and presented results of its analysis to the FTC. The FTC approved the merger after an eight month investigation, with divestiture required in one product area, canine parasiticides.
Provided liability and damages analysis for Dupont in its litigation against Monsanto regarding alleged antitrust and intellectual property violations. Monsanto originally sued DuPont and its Pioneer subsidiary for infringing Monsanto’s Roundup Ready soybean patent. DuPont countersued, accusing Monsanto of antitrust violations and of fraudulently obtaining the patent. The parties agreed to dismiss antitrust and patent lawsuits filed against each other as part of a broader licensing agreement reached between the two agricultural biotechnology giants.
In two matters, American Airlines v. Sabre and American Airlines v. Travelport, led the team providing support for expert testimony on damages on behalf of American Airlines. The suits, filed in both state and federal courts in Texas, alleged anticompetitive conduct by Sabre and Travelport in the US market for airline ticket booking services. Claims asserted under both the Sherman Act and the Texas Free Enterprise and Antitrust Act alleged that defendants intended to deter American Airlines from using its “direct connect” technology to compete with the defendants’ global distribution services. After one week of trial, American and Sabre settled their disputes. A settlement with Travelport followed soon thereafter.
- Supported multiple testifying experts retained by counsel for Advanced Micro Devices (AMD) in litigation against Intel, Inc., alleging illegal conduct to maintain a monopoly. Led teams working on issues of market definition, monopoly power, and consumer harm. Led the damages expert support team in the rebuttal phase. Assisted with deposition preparation. Before the case was brought to trial, AMD and Intel agreed to a $1.25 billion settlement that included restrictions on certain business practices. For more information, read the press release or case study.
- Provided economic consulting support to Delta Air Lines and Northwest Airlines in connection with their proposed merger under investigation by the Department of Justice (DOJ). Identified antitrust risks, analyzed price effects, and developed a retrospective merger analysis for the airline industry. For more information, read the press release.
- Supervised the analysis presented to the FTC on the antitrust implications of The Great Atlantic & Pacific Tea Company′s (A&P) proposed acquisition of Pathmark Stores, Inc. on behalf of A&P. Analysis considered the impact of the entry and exit of nearby supermarkets, grocery stores, mass merchandisers, clubs, and other food retailers on prices, margins, and sales. Provided significant assistance to attorneys in responding to second request from the FTC. The FTC ultimately allowed A&P to acquire Pathmark, requiring Pathmark to divest only six of its 141 stores. For more information, read the case study.
PhD, Economics, University of Wisconsin
MS, Economics, University of Wisconsin
AB, International Relations, Stanford University
- March 30, 2018
- Scott Thompson’s declaration cited in Postal Regulatory Commission ruling on proposed change in US Postal Service costing methodologiesNovember 1, 2016
- Michael Whinston provides expert testimony on behalf of DOJ in its successful challenge of proposed General Electric/Electrolux transactionDecember 23, 2015
- July 10, 2015
- October 31, 2014
- June 14, 2012
- Bates White supports experts in landmark microprocessor antitrust case: AMD v. Intel settles for $1.25 billionNovember 13, 2009
- December 22, 2008
- September 30, 2015
- March 16, 2011
- February 11, 2011
- Out-of-network involuntary medical care: An analysis of emergency care provisions of the Patient Protection and Affordable Care ActWhite paper, August 31, 2010
- White paper, July 22, 2010
- June 1, 2009
- Case Study: Bates White analysis paves the way for The Great Atlantic & Pacific Tea Company’s acquisition of Pathmark Stores, Inc.January 14, 2008
- Review of Network Economics, 2006
- Econometrics: Legal, Practical, and Technical Issues, 2005
- Maximum likelihood estimation of a binary choice model with random coefficients of unknown distributionJournal of Econometrics, 1998
- Journal of Econometrics, 1993
- Nonparametric and Semiparametric Methods in Econometrics and Statistics, 1991
- Estimation of Best Predictors of Binary ResponseJournal of Econometrics, 1989
- Journal of Econometrics, 1986
- American Economic Review, 1984
- Congressional Budget Office, 1981
- Frontiers of Economics in Merger Analysis and Merger LitigationWashington, DC - The Willard InterContinental, 1401 Pennsylvania Ave NW, June 6, 2016
- Washington, DC, June 7, 2012
- Washington, DC, March 30, 2011 – April 1, 2011
- Randal Heeb, George Rozanski, and Scott Thompson speak about lessons from AMD v. Intel for counseling clientsNew York, NY, March 16, 2011
- Washington, DC, June 1, 2009