Bates White Economic Consulting

Bates White Economic Consulting Company Profile

THE SCOOP

The sum of diverse parts
Bates White is a small consultancy specializing in economics, finance and business strategy. The company's professional staff-among them economists, econometricians, financial analysts and IT specialists-provide law firms, corporations and government entities with economic analysis to help address complex litigation and business challenges.

The firm is uniquely focused on the cultivation of diversity within its ranks. In the first decade since its founding in 1999, it established a diversity/inclusion council that tests, implements and evaluates initiatives aimed at the heterogeneous widening of the staff and corporate culture, and ensures that all employees, regardless of their differences, have opportunities to learn, develop and contribute to the firm's success. Employees come from an array of ethnicities and backgrounds, having been recruited from many different institutions and an alphabet soup of academic fields, including biology, business administration, chemistry, economics, engineering, finance, mathematics, physics, political science, and statistics. Their linguistic capabilities include Armenian, Czech, French, German, Italian, Korean, Mandarin, Nepali, Polish, Portuguese, Russian, Spanish, Turkish, and Ukrainian.

Primo pedigree
Co-founders Charles Bates and Halbert White set the bar as high for excellence as they do for diversity. Bates, now chairman, was formerly a vice president at A.T. Kearney, and prior to that he served as a partner at KPMG, overseeing the economic analysis group. He led the firm's 1999 team working on behalf of class plaintiffs in the largest price fixing case in U.S. history at the time, In re Vitamins Antitrust Litigation. Bates and his team proved that vitamin manufacturers conspired throughout the 1990s to inflate product prices. He has testified in a variety of forums, including the U.S. Senate Judiciary Committee, Federal Bankruptcy Court, United States Tax Court, California Supreme Court and arbitration hearings.

White, who passed away in June 2012, carried an equally distinguished, though more rigorously academic, background. He was a Chancellor's Associates Distinguished Professor of Economics at the University of California at San Diego. His works of scholarship include more than 100 articles and books. Known for his expertise in econometrics, predictive modeling and artificial neural networks, White merited inclusion in Who's Who in the World. He was a fellow of the American Academy of Arts and Sciences, a Guggenheim Fellow and a fellow of the Econometric Society. As an economic theorist, White achieved a level of notoriety that bordered on ubiquity; a 1980 paper of White's is the most-cited paper in peer-reviewed economic literature since 1970.

Experts at antitrust
The vitamin antitrust case was not just a feather in the firm's cap-it was an early foray into what has become Bates White's strongest practice area. The company's squad of antitrust professionals, on which there are more than 50 PhDs, advises clients on case development and strategy, evaluating economic arguments with regard to evidence and analyzing the likelihood of litigation or settlement. The firm has been involved in some of the highest profile antitrust cases in history, tackling and, in some cases, helping to define issues of monopolization, cartel activity, pricing, damages and liability, class certification, mergers and acquisitions, and competition suppression.

IN THE NEWS

July 2013

Expert opinion provided in the high-profile Garlock bankruptcy case

On behalf of the Debtors In re Garlock Sealing Technologies, LLC, Bates White served as the lead consulting and testifying expert to estimate Garlock's aggregate liability for pending and future asbestos-related personal-injury claims. Garlock, a manufacturer of gaskets, filed for bankruptcy in 2010 because of the thousands of individuals filing lawsuits claiming that small amounts of asbestos in products the company made decades ago caused them to contract mesothelioma, a form of cancer. Prior to its bankruptcy filing Garlock already had paid hundreds of millions of dollars to settle hundreds of thousands of asbestos claims over multiple decades.

Garlock's current plan for exiting bankruptcy calls for establishment of a trust to resolve all pending and future asbestos claims. At issue is the amount of assets that must be set aside in that trust. Counsel representing the interests of present and future claimants contends this estimate should be based on an extrapolation of the payments Garlock had been making to resolve claims in the tort system. Counsel for Garlock and the affiliated debtors contends that bankruptcy law requires an estimate of Garlock's legal liability. Working in conjunction with Bates White, Garlock sought, and was able to obtain, access to data regarding claims made by past and pending Garlock claimants against other companies and bankruptcy trusts for the same impairment. Using these data, Bates White was able to estimate the net present value of Garlock's expected aggregate liability for current and future asbestos claims and to demonstrate why, and quantify the degree to which, this amount differed from the payments Garlock had been making to resolve claims in the tort system. The estimation trial began on July 22, 2013 in the U.S. Bankruptcy Court for the Western District of North Carolina in Charlotte.

May 2013

Bates White experts recognized as leading competition economists by Global Competition Review

Seven Bates White experts have been named to Global Competition Review's 2013 list of top competition economists and lawyers. The list includes Bates White Partners Douglas Bernheim, Cory Capps, Joseph Farrell, Randal Heeb, and George Rozanski as well as Bates White Academic Affiliates Michael Whinston and Marius Schwartz. The annual Who's Who list is comprised of competition economists nominated, researched, and vetted by peers within the antitrust and competition world. GCR also recognized Bates White Partner and Duke University Professor of Economics Leslie Marx on its "Women in Antitrust" list, a list of 100 women who have excelled in the field of competition law. The survey profiles women working on the public and private sides of antitrust litigation and enforcement across multiple jurisdictions. Dr. Marx is one of only six academics featured in the survey.

Bates White was also recognized earlier in the year on GCR's list of Economics 20, a list of the world's leading competition economics firms. Selection into the group of 20 firms is highly competitive and determined by an independent survey that analyzes the nominated firms' size, presence of leading economists, recent client successes, historical pedigree, and market visibility.

April 2013

Bates White experts provide support for McKesson's acquisition of PSS World Medical

In October 2012, McKesson Corporation (McKesson), a healthcare services and information technology company, announced an agreement to purchase PSS World Medical Inc., a distributor of medical products and services, in a transaction valued at $2.1 billion.  Bates White Academic Affiliate David Dranove and a team of Bates White economists, led by Partner Cory Capps and Principal Eric Emch, supported Simpson Thatcher & Bartlett LLP, working on behalf of McKesson, to evaluate the competitive implications of the merger. In November 2012, after concluding that the proposed merger was unlikely to lead to any anticompetitive effects, Prof. Dranove, Dr. Capps, and Dr. Emch presented a detailed analysis explaining the reasons for that conclusion to FTC staff. After McKesson pulled and re-filed its HSR filing, the FTC granted early termination of the waiting period and approved the merger without issuing a second request for additional information to the parties.

March 2013

Bates White provides liability and damages analysis in support of  genetically modified seeds litigation

Working on behalf of E.I. du Pont de Nemours and Company, Bates White 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.

Partner testifies in landmark vitamin C price-fixing case

Dr. Douglas Bernheim, Stanford University Economics Professor and Bates White Partner,  offered testimony in US District Court for the Eastern District of New York on behalf of plaintiffs in In re Vitamin C Antitrust Litigation, a case alleging price-fixing agreements between Chinese suppliers. His testimony facilitated a speedy verdict in favor of the plaintiffs, according to one anonymous juror on the case. "He taught us," the juror commented. "He ran through the whole procedure in language we could understand." Jurors deliberated for less than one day before awarding damages of $54.1 million, the total amount of damages estimated by Dr. Bernheim.

August 2012

Partner testifies that poker is a game of skill, not chance

Working on behalf of the defendant in USA v. Lawrence Dicristina, Bates White Partner Randal Heeb testified in federal district court that poker is predominantly a game of skill rather than one of chance. The case involved a Staten Island man running a poker game out of his shop, reigniting the question of whether poker is considered to be a form of gambling and therefore illegal under the Illegal Gambling Business Act (IGBA). Judge Jack B. Weinstein ultimately ruled that poker is "predominated by skill" and therefore does not fit the definition of gambling under the IGBA. Judge Weinstein cited Dr. Heeb's testimony extensively in his decision, noting that "[Dr. Heeb's] studies and conclusions are found to be accurate and persuasive by this court, which heard and analyzed all the evidence."

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Bates White Economic Consulting


1300 Eye Street, NW
Suite 600
Washington, DC 20005
Phone: (202) 408-6110
Fax: (202) 408-7838
www.bateswhite.com

STATS


  • Employer Type: Private
  • Founder & Chairman: Charles E. Bates, PhD
  • 2014 Employees: 170

  • Employment Contact

    Visit Bates White's careers page


  • Major Departments & Practices

    Antitrust and Competition

    Communications and Media

    Energy

    Environmental and Product Liability

    Finance

    Healthcare and Life Sciences

    Intellectual Property

    International Arbitration

    Labor and Employment

    Transfer Pricing and Tax

Major Office Locations

  • Washington, DC (HQ)
  • San Diego, CA

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