Bates White: Economic Consulting

David W. DeRamus is a founding member of Bates White and currently serves as the firm′s Managing Partner. He specializes in economic and financial analysis, quantitative modeling, antitrust analysis, pricing analysis, damages analysis, and valuation. Dr. DeRamus has a comprehensive background in industrial organization, international economics, antitrust economics, microeconomics, finance, and statistical analysis.

Dr. DeRamus has extensive experience applying economic analysis to a wide range of business problems in the areas of antitrust, energy, transfer pricing, product liability forecasting, tax-related litigation, contract disputes, and the estimation of damages in a variety of litigation contexts. Dr. DeRamus has served as both a testifying and consulting expert in a wide range of cases, including antitrust cases, energy-related dispute proceedings before federal and state regulatory commissions, rule-making proceedings, market design issues, class certification proceedings, market manipulation cases, applications for market-based rate authority, mergers and acquisitions, and other commercial litigation.

Selected Experience

• Testified at trial in a monopolization case involving heavy-duty truck components. Submitted testimony defining the relevant antitrust market, assessing whether a market participant had monopoly power, evaluating the harm to competition from certain contracts and the performance of those contracts, and estimating damages. Jury verdict in favor of client.
• Testified on behalf of both applicants and intervenors in several market-based rate proceedings and merger applications before the Federal Energy Regulatory Commission. Analyzed issues related to the appropriate implementation of the Commission’s Delivered Price Test, generation market power, transmission-related market power, barriers to entry, affiliate preferences, and cross-subsidization.
• Testified in a price-fixing case involving feed additives on behalf of direct action opt-out plaintiffs. Testified on issues related to liability, damages, market structure, the defendants’ financial performance, and related issues.
• Submitted testimony in a complaint proceeding before the Federal Energy Regulatory Commission related to an auction for electric power supplies. Analyzed issues related to the competitiveness of the auction structure, market concentration, the ability of the participants to exercise market power, and allegations of collusion.
• Served as consulting expert on behalf of multiple defendants in several large cases related to allegations of market manipulation in the natural gas industry. Analyzed issues related to class certification and damages issues. Alleged conduct involved misreporting of prices to publishers of natural gas price indices.
• Served as consulting expert on behalf of plaintiffs for monopolization cases involving the computer software industry. Assisted with the development of overall case strategy and preparation of economic analysis used in filings, analyzed software pricing issues, investigated and reviewed allegations of anticompetitive behavior, prepared damage estimates, submitted damage reports to clients, and assisted with settlement negotiations.
• Provided consulting expert services in a major government contract dispute. Assessed the economics of a development contract with defense aerospace companies. Analyzed the contractors’ financial performance, financial viability, bankruptcy risks, potential financing sources, project cash-flows, and the impact of contract termination.
• Conducted numerous transfer pricing studies for tax planning, documentation, and audits. Clients include large multinational companies involved in automotive manufacturing, medical products, computer software/hardware, industrial equipment, retail clothing, food products, tobacco, oil drilling services, package delivery services, shipping, and industrial products.

Education

PhD, Economics, University of Massachusetts

MA, Economics, University of Massachusetts

BA, Political Science, Duke University