GCR 100 2022

Bates White

Bates White

Professional notice

Global headAles Filipi, Anna Meyendorff, Slava Zayats
Home jurisdictionUS
Countries with competition specialists1
Continents with competition specialists1
Total number of economists193
Competition economists94
% of firm specialised49%
Who’s Who Legal: Competition nominees9
Group one9
Group two12
Group three22
Group four51
Lateral hires0
Departures2
Internal promotions1

Bates White is trusted by top law firms, companies and government agencies alike. Led by Ales Filipi, Anna Meyendorff and Slava Zayats, its 94-strong contingent of US-based competition economists worked on 59 merger control matters during our research window, 18 of which received a second request, were pulled and refiled or required remedies. 

The consultancy was retained by Jefferson Health and Albert Einstein Healthcare Network in litigation brought by the US Federal Trade Commission to block their proposed merger. Cory Capps testified at the preliminary injunction hearing in September 2020, after which the FTC dropped its merger challenge following the court’s denial of its request to halt the deal. Meanwhile, the FTC drew on the support of Bates White in its effort to block a joint venture between Peabody Energy Corporation and Arch Resources, the two largest producers of coal in the southern Powder River Basin. The companies cancelled the tie-up after the FTC secured a preliminary injunction. The consultancy also helped the FTC in its lawsuit to block Heidelberg Cement’s proposed acquisition of Keystone Cement Company, after which the deal was abandoned. Before the US Department of Justice and Canada’s Competition Bureau, Bates White aided Willis Towers Watson in its proposed mega-merger with Aon, which subsequently collapsed following opposition from the Antitrust Division. Other major deal work includes advising Alstom and Bombardier on their tie-up, which was approved without conditions following a second request from the DOJ.

On the litigation front, the consultancy assisted Michael O’Higgins as a proposed class representative in a claim against members of the Forex cartel. A carriage hearing before the UK’s Competition Appeal Tribunal has been held to decide whether that claim or a competing planned collective action against the same banks should be certified, if either. Bates White also helped the plaintiffs in the Rail Freight Surcharge Antitrust Litigation, alleging that Burlington Northern Santa Fe, CSX Transportation, Norfolk Southern and Union Pacific conspired to increase the price of rail freight transportation in the US by imposing unreasonable fuel surcharges. Additionally, several direct-action plaintiffs – including large electronic component distributors and contract manufacturers – turned to the firm for advice on a claim alleging that more than 15 capacitor makers colluded to fix the prices of aluminium, film and tantalum capacitors in the US. The consultancy is also advising defendants in Packaged Seafood Products antitrust litigation and over-the-counter plaintiffs in the LIBOR-Based Financial Instruments antitrust litigation.

Beyond experts. Better experience.

Bates White is a leading provider of economic analysis and testimony for complex antitrust and competition matters. Our experts have played important roles in many high-profile matters. Many of these matters have been before, or on behalf of, some of the world’s foremost competition enforcement agencies. Our analyses are based upon a deep understanding of the relevant industry, established economic and econometric theory, and pertinent financial and market data.

By combining the theoretical and empirical skills of our experts along with support from our deep bench of experienced economists and consultants, we help our clients navigate matters related to all types of anticompetitive conduct. We excel at analyzing the likely competitive effects of mergers and acquisitions across industries. We also have extensive experience supporting price-fixing litigation as well as monopolization matters, including exclusive dealing, tying, and bundling.

Our sound, defensible analysis and compelling testimony on behalf of both plaintiffs and defendants have earned us a reputation for credibility among agencies and law firms. We balance our technical expertise with clear, persuasive, and tailored communication in testimony and reporting.

Our international capabilities are strengthened by a close relationship with E.CA Economics, a leading European economic consultancy on competition analysis.

To learn more about our capabilities, visit us website: www.bateswhite.com

Unlock unlimited access to all Global Competition Review content