Photo of David  Barth, PhD

Selected Expertise

  • Anticompetitive conduct analysis
  • Antitrust analysis
  • Collusion
  • Damages estimation
  • Discovery support
  • Industrial organization
  • Monopolization
  • Price-fixing
  • Statistical analysis

Selected Industries

  • Chemicals
  • Computer hardware and software
  • Industrial products
  • Packaging
  • Payment cards
  • Pulp and paper
  • Telecommunications

David Barth, PhD

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David Barth has over a decade of experience analyzing alleged and admitted anticompetitive conduct. Dr. Barth specializes in synthesizing facts, econometric analysis, and economic theory to understand firm behavior and its impact on market outcomes. His expertise spans both cartel and monopolization cases and includes analyses pertinent to class certification, liability, causation, and damages.

Dr. Barth leads project teams that perform data analysis and review discovery materials, working with counsel and testifying experts through all phases of litigation. He has significant courtroom trial experience distilling complex economic analysis into trial exhibits, testimony, cross-examination, and argument. Dr. Barth also provides client support on summary judgment, Daubert, and discovery issues.

Selected Experience

  • In In re Urethane Antitrust Litigation, an alleged price-fixing case, supported testifying expert. Supervised analysis addressing causation and damages. Provided support to counsel on fact and expert witness depositions and on summary judgment and Daubert motions.
  • In Novell, Inc. v. Microsoft Corp., an alleged monopolization case, supported testifying experts. Provided trial support for attorneys and experts. Distilled complex economic analysis into trial exhibits, cross-examination, and argument on issues associated with the determination of liability, causation, and damages. Provided support to counsel on expert witness depositions.
  • In In re Linerboard Antitrust Litigation, an alleged horizontal conspiracy case, supported testifying liability expert. Led analysis into whether defendants’ actions were against unilateral self-interest. Supervised internal review of millions of pages of defendant documents. Provided support to counsel on fact and expert witness depositions and on summary judgment and Daubert motions.
  • In In re Cathode Ray Tube (CRT) Antitrust Litigation, supported testifying expert’s analysis regarding certain defendants’ incentives to participate in the alleged price-fixing conspiracy.
  • In In re Dynamic Random Access Memory (DRAM) Antitrust Litigation, a price-fixing case, supported testifying liability experts. Led analysis into whether defendants’ conduct would have impacted purchasers and products not explicitly covered by guilty pleas, and rebutted opposing econometric analyses. Provided support to counsel on expert witness depositions and on summary judgment and Daubert motions.
  • Provided analysis of terms in contracts between American Express and merchants on behalf of American Express. These terms were alleged to be anticompetitive by the United States Department of Justice (DOJ) and several states, as well as by several direct action merchants, in two different matters (EDNY 10-CV-04496 and EDNY 11-MD-02221).
  • In United States and State of Texas v. United Regional Health Care System, supported expert analysis of the competitive effects of United Regional’s exclusionary contracts with health insurers.
  • In In re Electrical Carbon Products Antitrust Litigation, a price-fixing case, supported damages expert. Developed and executed econometric analysis of damages. Investigated critiques of the damages model by the opposing expert, and supported responses to those critiques for mediation.

Education

PhD, Economics, Northwestern University

MA, Economics, Northwestern University

BA, Economics (with distinction and departmental honors), Stanford University