Bates White: Economic Consulting

David Barth has extensive experience working closely with experts and counsel in large, complex cartel and monopolization matters. He specializes in developing and combining case evidence, econometric analysis, and economic theory to understand firm behavior and its impact on market outcomes. His efforts have focused on liability, causation, and damages issues.

Dr. Barth supports expert reports from initial outlines through report submission and deposition. He leads project teams, suggesting, directing, and executing analyses of documentary evidence and data. Dr. Barth also helps prepare attorneys and expert witnesses for expert depositions.

In addition to supporting expert work, Dr. Barth is involved throughout the litigation process. He assists with summary judgment and Daubert motions. For offensive discovery, Dr. Barth identifies strategic priorities, comments on draft requests, prepares attorneys for depositions, supervises internal document review, and leads construction of relevant data and sets of documents.

Prior to joining Bates White, Dr. Barth studied and worked at Northwestern University, where he led sections in intermediate microeconomics and transportation economics. He has substantial academic experience with media economics.

Selected Experience

• Supported testifying liability expert in In re Linerboard Litigation, a horizontal conspiracy case. Worked with counsel to manage offensive discovery. Supervised internal review of millions of pages of defendant documents. Led analyses of defendants’ conduct. Managed the drafting of affirmative and rebuttal expert reports, and prepared for experts’ depositions. Assisted with responses to summary judgment and Daubert motions.
• Supported multiple testifying experts in In re DRAM Antitrust Litigation, a horizontal conspiracy case. Researched industry conditions to determine whether defendants’ conduct would have impacted plaintiffs, and rebutted opposing econometric analyses. Managed the drafting of affirmative and rebuttal expert reports, and prepared for experts’ depositions. Assisted with responses to summary judgment and Daubert motions.
• Supported multiple testifying experts for plaintiff in a monopolization lawsuit. Related plaintiff’s case to prior government case. Identified multiple ways to quantify damages and demonstrate those estimates were reasonable and robust. Illustrated how opposing experts’ analysis was based on questionable assumptions and it ignored contrary information. Assisted in drafting affirmative and rebuttal expert reports.
• Supported consulting experts for multiple potential mergers in online search advertising. Supervised collection and analysis of keyword bid, cost per click, and ad placement data for advertising campaigns on Google, Yahoo!, and Microsoft. Prepared presentations of results for merging parties, third parties, and regulators.
• Supported testifying expert in a matter involving a horizontal conspiracy in an international industrial product. Developed and executed econometric analysis of damages. Investigated critiques of the damages model by the opposing expert, and assisted counsel with responses to those critiques for mediation.
• Designed and conducted data analysis in connection with an internal compliance investigation into a potential horizontal agreement to restrict capacity growth in an industrial product.
• Assisted with the preparation of expert and consulting work in other complex monopolization matters, including ones involving aftermarket issues and alleged vertical conspiracies.

Education

PhD, Economics, Northwestern University

MA, Economics, Northwestern University

BA, Economics, Stanford University