Pauline Kennedy, PhD

Pauline Kennedy has nearly two decades of experience in economic analysis of competition policy issues, including the competitive effects of horizontal and vertical mergers, analysis of single-firm conduct, monopolization, and collusion. Her recent work has focused on merger and monopolization issues in a variety of industries, including payment cards, pharmacy benefit management, tobacco, airlines, cement, and pharmaceutical industries. 

Dr. Kennedy has also led consulting and expert support teams in complex, data-intensive matters. She has extensive experience using economic models and empirical analyses to assess and quantify competitive effects.

Prior to joining Bates White, Dr. Kennedy taught econometrics, microeconomics, and international economics and trade at the University of California, San Diego. She was a Visiting Scholar at the International Monetary Fund Institute and provided forecasting for the Australia and New Zealand (ANZ) Bank. She also served as an Assistant Lecturer at La Trobe University in Melbourne, Australia. Dr. Kennedy has published in peer-reviewed journals on topics such as damage analysis, applied econometrics, and the econometric analysis of causal effects.

PhD, Economics, University of California, San Diego

MA, Economics, University of Melbourne, Australia

BA, Economics, University of Melbourne, Australia

• In Eldorado's acquisition of Caesars Entertainment Corporation, provided support for expert testimony on potential undue economic concentration among Atlantic City casinos.
• On behalf of parties seeking to combine their purchasing of generic pharmaceuticals, co-led a team in performing detailed economic analysis to assess whether the expanded Group Purchasing Organization would have anticompetitive buyer market power, also referred to as monopsony power. 
• Provided analysis for Express Scripts’ acquisition of MyMatrixx. 
• 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. 

• Provided support for expert testimony on behalf of American Express in its litigation with DOJ. 

• In the matter American Airlines v. Sabre, provided support for expert testimony on damages on behalf of American Airlines in a suit filed in Texas state court. 

• Provided analysis and assessment of the forecasting models and techniques used to forecast the US government’s operating cash balance (i.e., the Treasurer’s General Account (TGA) balance and funds in short-term investments) for the US Treasury and the Federal Reserve Bank of St. Louis. 

• Developed economic and statistical analysis to assess the impact of price-fixing for two coalitions of direct-action plaintiffs in In re Rubber Chemicals Antitrust Litigation. Led and supervised team providing direct support to expert and attorneys through settlement negotiation and arbitration hearing. 

• Supported multiple testifying experts on behalf of direct and indirect plaintiffs in In re Dynamic Random Access Memory (DRAM) Antitrust Litigation through the development of econometric and statistical analyses. Worked closely with experts in preparation of rebuttal expert reports and in preparation for deposition. Supported counsel in deposition of defendant experts. 

• Supported testifying damage expert in In re Linerboard Litigation, a horizontal conspiracy. Built analytical tools and performed econometric analysis to assess damages resulting from price-fixing. Oversaw staff work in support of affirmative and rebuttal expert reports, and supported preparation for experts’ depositions. Provided support for responses to summary judgment and Daubert motions. 

• Worked with lead consulting expert for defendants in In re Ethylene Propylene Diene Monomer (EPDM) Antitrust Litigation and in In re Polychloroprene (PCP) Antitrust Litigation. Conducted econometric analysis to assess impact, provided settlement and mediation support, and supported attorneys’ responses to US Department of Justice (DOJ) requests. 

• Developed a treatment effects model to evaluate the retrospective effect of an airline merger in connection with the DOJ investigation of the proposed merger between Delta Air Lines and Northwest Airlines.