T. Scott Thompson, PhD

Scott Thompson specializes in antitrust analysis of alleged anticompetitive conduct. He has methodological expertise and extensive experience using economic models and empirical techniques to assess and quantify actual or predicted effects of proposed mergers, agreements, and single-firm conduct, including damages. Dr. Thompson is experienced in econometrics, simulation, survey design and analysis, analysis of vertical and horizontal restraints, and merger analysis. He has an extensive background providing antitrust analysis in support of expert testimony and enforcement decisions.

Dr. Thompson has testified and provided expert consulting services in a wide variety of industries. He has worked for and represented clients before the Federal Trade Commission, the Antitrust Division of the US Department of Justice, the Canadian Bureau of Competition, and the US Postal Commission. He works often with clients and testifying experts on matters in litigation. Dr. Thompson has been named on the Lexology Index (formerly Who’s Who Legal) list of leading competition economists since 2022.

Prior to joining Bates White, he served as staff economist and the Assistant Chief of the Economic Regulatory Section of the Antitrust Division. Earlier, Dr. Thompson served on the faculty at the University of Minnesota.

Dr. Thompson is a founder of Bates White’s Econometric Education Program for employees and has presented tutorials on econometrics and antitrust analysis at leading law firms and to Department of Justice attorneys and economists.

PhD, Economics, University of Wisconsin

MS, Economics, University of Wisconsin

AB, International Relations, Stanford University

SPOTLIGHT

Final Offer Arbitration as a Merger Remedy—This presentation offers an economic perspective of FOA as a remedy in the AT&T / Time Warner merger case.

Mergers

• In Centene Corporation’s $17 billion acquisition of WellCare Health Plans, supported the expert’s work for the merging parties by providing economic analysis on issues related to the markets for managed Medicaid and Medicare Advantage plans that arose during agency investigations.
• On behalf of Thermo Fisher Scientific Inc., assisted with reviews by antitrust authorities in multiple jurisdictions of its offer to acquire Qiagen N.V.
• Supported expert work on behalf of the Department of Justice (DOJ) to evaluate the effectiveness of ATT’s proposed conduct remedy in its merger with Time Warner. Evaluation included a qualitative review of the ability of the remedy to constrain the merged firm’s increased market power.
• 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.
• Worked on behalf of DuPont to analyze the competitive effects of its proposed merger with Dow Chemical Company across a wide range of markets.
• Retained as testifying expert on a merger of international agricultural product firms. 
• Supported expert on behalf of DOJ in the matter U.S. v. AB Electrolux, Electrolux North America, Inc., and General Electric Company. 
• 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. 
• Worked on behalf of Dr. Oetker to analyze the competitive effects of its proposed acquisition of McCain Foods’ North American frozen pizza business. 
• Conducted detailed economic analysis on behalf of Eli Lilly in connection with its $5.4 billion acquisition of Novartis Animal Health.

• Retained by the FTC to testify on statistical issues in the matter Federal Trade Commission v. St. Luke’s Health System, Ltd.

• 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).

• 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. 

Monopolization and cartels

• On behalf of the FTC, supported Professor Carl Shapiro’s reports in litigation against Qualcomm in Federal Trade Commission v. Qualcomm Inc. 

• Retained to testify on economic damages on behalf of American Specialty Health, Inc. in its exclusive dealing suit against Healthways, Inc.

• Provided liability and damages analysis for DuPont in its litigation against Monsanto regarding alleged antitrust and intellectual property violations.

• 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.

• On behalf of DuPont, provided economic analysis and expert testimony in a monopolization case related to sales of para-aramid fiber (e.g., Kevlar) in the United States. DuPont was granted summary judgment in its favor and Kolon Industries’ antitrust claims were dismissed with prejudice.

• Supported multiple testifying experts retained by counsel for Advanced Micro Devices (AMD) in litigation against Intel, Inc., alleging illegal conduct to maintain a monopoly. 

Consumer protection

• Supported expert testimony of Dr. Joseph Farrell on behalf of LendingClub in Federal Trade Commission v. LendingClub Corporation regarding the estimation of economic consumer harm (if any) stemming from LendingClub’s loan disclosures.
• Assisted counsel for a class of dealers seeking damages from Volkswagen due to deceptive practices related to allegedly "clean diesel" engines installed in certain vehicles.
• On behalf of consumer claimants, assisted class counsel in pursuing claims against Fiat Chrysler America and Bosch arising from deceptive practices related to “EcoDiesel” engines installed in some Dodge Ram and Jeep Grand Cherokee vehicles. The class action settled for $307.5 million.
• Retained to assist in responding to a Federal Trade Commission (FTC) investigation into AdvoCare’s multilevel marketing (MLM) model of product distribution.
• 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.

Regulatory

• 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. 
• Provided support for Dr. Joseph Farrell, who submitted two declarations on behalf of Comcast in an FCC proceeding on business data services.