Dr. Timothy S. Snail specializes in industrial organization and antitrust economics, complex commercial litigation, and class action matters. He has offered expert testimony in federal district court, state court, and before the International Chamber of Commerce. Dr. Snail has assisted clients in developing successful economic and statistical testimony for a variety of high-stakes matters, including:
◦ Antitrust and competition matters (market definition, mergers and acquisitions, monopolization, collusion and price fixing, bundling, tying, loyalty discounts, exclusive dealing, predatory pricing, refusals to deal, antitrust counterclaims arising from intellectual property disputes, “reverse payment” patent settlement agreements, “product hopping,” and MFNs);
◦ Commercial litigation matters (breach of contract and warranty, lost profits associated with temporary or permanent injunctions, irreparable harm, false or deceptive advertising and marketing, unfair trade practices, Lanham Act, products liability, fraud, false claims, RICO conspiracies, commercial success, patent and copyright infringement).
Dr. Snail advises on litigation matters involving economic analysis of class certification for direct and indirect purchasers, merits, causation, estimation of damages, sales forecasting, statistical sampling, survey research, large-scale data analysis, econometrics, Daubert motions, deposition and trial testimony, arbitrations, mediations, and settlement negotiations.
His industry expertise includes transportation (airlines, maritime shipping, freight forwarding, automotive, trucking), paper products, vitamins and dietary supplements, chemicals, plastics, high-technology (mobile phones and hand-held devices, consumer electronics, telecommunications, internet services, computer hardware and software), retail tracking services, building materials, beverages, cigarettes, grocery stores, recorded music, auction houses, insurance, and health care.
With regard to health care markets and regulation, Dr. Snail’s experience includes health plans, pharmacy benefit managers (PBMs), pharmacies, physician practices, hospitals, nursing homes, dialysis, medical devices, branded and generic pharmaceuticals, biologicals, formularies, wholesalers, distributors, group purchasing organizations (GPOs), commercial third-party payors (TPPs), and government health benefit programs (e.g. Medicare and Medicaid), abbreviated new drug applications (ANDAs), patent listings and patent settlements, Hatch-Waxman Act issues, anti-kickback issues, and fair market valuation.
Dr. Snail taught industrial organization and antitrust economics at Boston College as well as graduate microeconomics, corporate finance, and applied econometrics at the University of California, Berkeley. He also conducted economic research for Abt Associates before joining CRA. Dr. Snail has refereed peer-reviewed economic publications, and published a chapter in the American Bar Association monograph Proving Antitrust Damages: Legal and Economic Issues.
PhD, Economics, University of California, Berkeley
BS, Mathematics, University of Chicago