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  • Carbon
  • Insurance
  • Vitamins

Leslie M. Marx, PhD

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Leslie M. Marx is the Robert A. Bandeen Professor of Economics at the Fuqua School of Business at Duke University. She is an expert in auctions, vertical contracting, antitrust liability, and cartels. Dr. Marx is well known for her innovative ideas in the areas of industrial organization, applied game theory, auctions, procurements, and collusion. She served as the Chief Economist of the Federal Communications Commission from August 2005 through August 2006.

Dr. Marx has published extensively in peer-reviewed journals and elsewhere on topics related to industrial organization, applied game theory, auctions, procurements, and collusion. Her published work includes papers on collusive mechanisms, incentives in procurement contracting, slotting allowances, and exclusive dealing.

Selected Experience

  • Submitted an expert report on behalf of Stingray Digital and the broadcasting distribution undertakings in Canadian Copyright Board litigation involving performing rights royalties for pay audio services payable for musical works and sound recordings.
  • In In re Determination of Rates and Terms for Making and Distributing Phonorecords, testified on behalf of Spotify USA Inc. regarding royalty payments under Section 115 of the Copyright Act. Expert report and deposition.
  • Submitted an expert report in In re Cathode Ray Tube (CRT) Antitrust Litigation on behalf of a class of direct purchasers. Analyzed economic evidence related to defendant’s role in alleged price-fixing conspiracy.
  • Prepared as a testifying expert on behalf of DOJ in support of its successful challenge of the proposed $34.6 billion merger of Halliburton and Baker Hughes.
  • Served as testifying expert at deposition and trial on behalf of a large coalition of direct action plaintiffs in In re Urethane Antitrust Litigation. Analyzed impact and estimated damages. Analysis indicated that plaintiffs were overcharged by $608 million, or 11%, between 1994 and 2003 as a result of alleged price-fixing conspiracy among chemicals suppliers. Direct action plaintiffs reached settlements, including a $400 million settlement with The Dow Chemical Company.

  • In the matter ACCC v. Informed Sources, provided economic analysis on behalf of the Australian Competition and Consumer Commission in its Federal Court of Australia proceedings against Informed Sources. Analyzed whether the retail gasoline price information provided by Informed Sources to fuel retailers that subscribed to the service likely lessened competition in metropolitan Melbourne.

  • In the matter In re Petition of Pandora Media, Inc., served as testifying expert on behalf of Pandora in its litigation with the American Society of Composers, Authors, and Publishers (ASCAP). The court ultimately adopted key aspects of Dr. Marx’s analysis of proposed benchmarks and set a rate within the range of rates proposed by Dr. Marx.
  • Served as a testifying damage expert on behalf of plaintiffs in the matter In re TFT-LCD (Flat Panel) Antitrust Litigation.
  • In the matter In re Chocolate Confectionary Antitrust Litigation, assisting testifying expert on behalf of defendant regarding its participation in an alleged price-fixing conspiracy of chocolate candy products in the United States.
  • Submitted a white paper to and participated in meetings with DOJ and the FCC on behalf of the Communications Workers of America (CWA), an interested party in the proposed T-Mobile/AT&T merger. Opined on the appropriate methods of analysis and horizontal and vertical concerns with the proposed merger.

Education

PhD, Economics, Northwestern University

BS, Mathematics, Duke University

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