A. Rachel Grinberg, PhD

Rachel Grinberg is an expert on issues involving price-fixing litigation, competitive effects, class actions, and bankruptcies. She specializes in developing economic estimation techniques to determine whether anticompetitive conduct occurred and to measure its impact. She has led numerous economic analyses in large antitrust matters involving allegations of collusion, monopolization, and the potential anti-competitive effects of mergers. She is also an expert in the insurance allocation arena for dispute resolution and coverage litigation.

Dr. Grinberg’s work includes analyzing competitive effects and estimation of damages in a wide range of industries. Her specialties include developing robust estimation methodologies in the presence of missing, corrupt, and contaminated data. Dr. Grinberg has in-depth expertise in microsimulation modeling, including Monte Carlo simulations and competitive risk models, as well as damages and potential anti-competitive effect estimation using well-accepted econometric models.

Prior to joining Bates White, Dr. Grinberg was at the Department of Mathematics at the University of California San Diego. She received the Alexander von Humboldt research fellowship, which promotes academic cooperation between scientists and scholars from Germany and the United States.

PhD, Mathematics, University of Heidelberg, Germany

MS, Mathematics and Computer Science, University of Mainz, Germany

EXPERT Q&A SERIES

Dr. Grinberg discusses how her work as a mathematician has translated well into economic consulting.

Expert experience

• Retained as expert in arbitration proceedings in an insurance coverage dispute. Submitted an expert report and provided deposition and live testimony: 2024.
• Retained as expert by Swiss Re International SE in arbitration proceedings in an insurance coverage dispute. Submitted expert reports: 2023–2024.
• Retained as expert in an insurance coverage dispute. Submitted affidavit: 2023.
• Retained as expert to allocate cleanup costs of an Environmental Protection Agency (EPA) Superfund Site: 2021.
• Retained as expert by Swiss Re International SE in arbitration proceedings in an insurance coverage dispute. Submitted expert reports and performed a sampling audit: 2019.
• Retained as expert on behalf of Columbia Casualty Company regarding pharmaceutical-based losses: 2016.
• Retained as expert on behalf of HDI-Gerling Industrial Insurance Co. regarding pharmaceutical-based losses: Submitted expert reports and provided live testimony: 2015–2016.
• Retained as expert to analyze coverage issues on behalf of Munich Re regarding pharmaceutical-based losses: 2011–2013.

Other experience

• On behalf of numerous direct-action plaintiffs in In re Rail Freight Fuel Surcharge Antitrust Litigation, co-led the team in calculating overcharges from defendants’ alleged conspiracy to increase the price of rail freight transportation services in the United States in part by agreeing on and imposing unreasonable fuel surcharges.
• In In re Capacitors Antitrust Litigation, supported the expert in submitting expert reports on behalf of several direct action plaintiffs that include large electronic component distributors and contract manufacturers, including Avnet. A California federal jury returned a verdict for Avnet in the amount of $89.2 million.
• Evaluated the competitive effects of Sinclair Broadcast Group's proposed acquisition of Tribune Media.

• Coauthored expert reports and testified during arbitration proceedings regarding pharmaceutical-based losses.

• Led the liability analysis in support of an expert in a private litigation related to an alleged conspiracy to fix fuel surcharges on cargo freight by major airlines.

• In the matter ACCC v. Informed Sources, led the team supporting the expert analysis of Dr. Leslie Marx on behalf of the Australian Competition and Consumer Commission in its Federal Court of Australia proceedings against Informed Sources.  
• In In re TFT-LCD (Flat Panel) Antitrust Litigation, led a team that performed economic analyses to assess liability and damages resulting from the indirect claim on behalf of a large coalition of direct-action plaintiffs in the United States, Asia, and Europe. Worked extensively with the testifying experts on the econometric analysis used for the expert reports and deposition testimony. 
• Conducted extensive economic analysis on behalf of Express Scripts in connection with its $29 billion acquisition of Medco Health Solutions. 
• Supported econometric analysis on behalf of the Federal Trade Commission in the evaluation of a petroleum merger of Western Refining, Inc. and Giant Industries, Inc.  Worked extensively with the testifying expert on the econometric analysis used for the expert report, deposition, and trial testimony regarding the likely competitive effects of the merger.
• Provided economic consulting support to Delta Air Lines and Northwest Airlines in connection with their proposed merger under investigation by the DOJ. 
• Supported multiple testifying experts on behalf of plaintiffs in In re Dynamic Random Access Memory (DRAM) Antitrust Litigation. Worked closely with the damages expert on strengths and shortcomings in the econometric analyses put forward by defendants’ experts.