Bates White: Economic Consulting

David Osinski has extensive experience applying economic analysis to antitrust and regulatory litigation matters presented before the US Department of Justice, the Federal Trade Commission, and various courts. He has worked on cases analyzing issues of single-firm conduct, market power, competitive effects, and market definition. He has analyzed issues of collusion in the agriculture industry, as well as the competitive effects of a variety of monopolistic practices in the medical devices industry, including bundled rebates, aftermarket sales programs, and the use of intellectual property. Dr. Osinski has performed class certification and damages analyses in various cases, including one of the largest price-fixing cases in US history. He has also analyzed the actual and potential effects of mergers, particularly involving the economic complexities of mergers for retail differentiated products.

Dr. Osinski is an Adjunct Professor at The George Washington University, where he teaches game theory and the economics of sports. Prior to joining Bates White, Dr. Osinski was a Senior Economist at Glassman-Oliver Economic Consultants, Inc.

Selected Experience

• Supported multiple experts in In re Pharmaceutical Industry Average Wholesale Price Litigation for both liability and damages related to complaints filed by state Medicaid authorities regarding allegedly fraudulent pharmaceutical pricing.

• Supported testifying experts in several cases involving allegations of collusion in the agricultural products industry. Analyzed complex claims of price-fixing, examined class certification issues, estimated damages using econometric modeling, and measured competitive effects.

• Assessed allegations of bundling, tying, and exclusive conduct in multiple cases involving medical equipment manufacturers. Advised on overall case strategy and developed and performed innovative empirical analyses to assess liability and damages resulting from the alleged illegal conduct. Worked closely with experts to provide written and oral testimony on liability and damages.

• Provided economic and statistical analysis on behalf of a coalition of direct-action and class plaintiffs involved in a price-fixing litigation under multiple state indirect-purchaser statutes. Provided economic and econometric analysis assessing degree of upstream pass-through and damages.

• Provided analysis to both the FTC and the EC on behalf of a client concerned about possible vertical and horizontal effects of a proposed acquisition in the online advertising industry.

• Served as consulting expert analyzing an FCC rule that prohibits exclusive arrangements between content and cable providers.

• Served as consulting expert regarding potential collusion in mining equipment.

Education

PhD, Economics, George Washington University

MPhil, Economics, George Washington University

BS, Applied Math/Economics, Yale University