Photo of Robert C. Marshall, PhD

Selected Expertise

  • Antitrust damages assessment
  • Applied econometrics
  • Auctions
  • Collusion
  • Game theory
  • Industrial organization

Selected Industries

  • Construction
  • Dairy
  • Government procurement
  • Jewelry
  • Packaging
  • Pulp and paper
  • Semiconductors
  • Timber
  • Vitamins

Robert C. Marshall, PhD

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Robert C. Marshall is a Partner at Bates White and, in addition, Distinguished Professor, Head of the Department of Economics, and Co-Director of the Center for the Study of Auctions, Procurements, and Competition Policy at The Pennsylvania State University. Dr. Marshall is a recognized thought leader in the areas of industrial organization, collusion, applied game theory, auctions, and procurements. He has served as a testifying expert in major antitrust litigation matters, with particular expertise in antitrust liability and cartels.

Dr. Marshall has testified before Congress regarding incentives in procurement contracting and he has published extensively. His articles and papers in peer-reviewed journals and elsewhere include topics on collusive mechanisms, detecting bidder collusion, differential payments within a bidder coalition, and incentives in procurement contracting. A recent paper, “Plus Factors in Agreements in Antitrust Law” (Michigan Law Review, December 2011, with Kovacic, Marx, and White), won the Jerry S. Cohen Memorial Fund Writing Award for best antitrust scholarship of 2011. In addition, Dr. Marshall has recently published a book, coauthored with Leslie M. Marx, titled The Economics of Collusion: Cartels and Bidding Rings (MIT Press, 2012). He has served on two panels for the National Research Council and he is on the editorial board of the Journal of Antitrust Enforcement.  

Selected Experience

  • In the matters United States ex rel. Bunk v. Birkart Globistics and United States ex rel. Ammons v. Pasha Group, provided expert report, deposition, and trial testimony on behalf of the United States. Testified before a jury that the Department of Defense was overcharged by $41.5 million as a result of the price-fixing conspiracy among German moving companies. The jury awarded damages in favor of the United States in the amount of $33.6 million.

  • In the matter In re Chocolate Confectionary Antitrust Litigation, provided expert testimony on behalf of defendant Nestlé USA. Analyzed economic evidence regarding Nestlé USA’s participation in an alleged conspiracy to fix prices of chocolate confections in the United States. Also addressed liability and damages analyses proffered by class and direct action economic experts. Judge Conner granted summary judgment in favor of the three named defendants—Hershey, Mars, and Nestlé USA—against the class of direct purchasers and direct purchasers that had filed individual lawsuits.

  • In the matter In re Dynamic Random Access Memory (DRAM) Antitrust Litigation, provided liability expert report and deposition testimony for several direct and indirect plaintiffs.
  • In the matter In re Ready-Mixed Concrete Antitrust Litigation, provided expert report and deposition testimony on behalf of defendants in an analysis of class certification issues. Analysis examined suitability of class-wide treatment. Critically assessed assertions made by plaintiffs′ economic expert.
  • In the matter In re Linerboard Antitrust Litigation, provided liability expert report and deposition testimony for a large coalition of direct-action plaintiffs involved in a complex horizontal conspiracy matter.
  • In the matter Sullivan v. DB Investments, submitted declaration regarding the allocation of settlement funds and the pass-through of price increases for diamonds.
  • In the matter In re Vitamins Antitrust Litigation, provided liability expert report and deposition testimony regarding the existence of collusive behavior on behalf of more than 100 direct action plaintiffs.
  • Working on behalf of DOJ’s Tax Division, provided expert report and deposition testimony regarding an auction of a professional sports franchise.
  • Performed general game theory instruction for a consortium of telecommunication bidders interested in bidding for FCC spectrum.

Education

PhD, Economics, University of California, San Diego

AB, Economics, Princeton University

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