David Barth, PhD

David Barth brings over 20 years of experience to collusion and monopolization cases. He specializes in evaluating firms’ behavior and market outcomes in liability and damages analyses. David loves working with clients on case strategy, digging into data and documents to develop expert opinions, and distilling economic concepts and analyses into clear, compelling testimony for judges and juries. He has testified in federal court. He leads project teams, working with counsel and testifying experts through all phases of litigation.

PhD, Economics, Northwestern University

MA, Economics, Northwestern University

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

Monopolization and vertical restraints

• Provided expert testimony on behalf of the plaintiff in Pacific Surf Designs v. WhiteWater West Industries, Ltd. et al., an alleged monopolization case involving sheet wave machines.
• In United States et al. v. Google LLC, in which Google allegedly monopolized markets for publisher ad servers, ad exchanges, and advertiser ad networks for open-web display advertising, supported multiple testifying experts on behalf of the Department of Justice (DOJ).
• In United States et al. v. Google, LLC, a civil antitrust lawsuit in which the DOJ alleged that Google acted anticompetitively to maintain its monopolies in the markets for general search services, search advertising, and general search text adverstising, supported testifying experts on behalf of the DOJ.
• Supported liability and damages expert on behalf of the plaintiff in Cedar AI Inc. v. Railcar Management, LLC, et al. regarding antitrust counterclaims to intellectual property litigation alleging monopolization and exclusionary conduct in the market for transportation management systems for short line railroads. 
• In Federal Trade Commission v. Qualcomm, an alleged monopolization case, supported testifying expert on behalf of the Federal Trade Commission.
• Provided support for expert testimony on behalf of American Express in its litigation with the Department of Justice and on subsequent related matters.
• In Novell, Inc. v. Microsoft Corp., supported testifying experts on behalf of the plaintiff regarding issues associated with liability, causation, and damages.
• In United States and State of Texas v. United Regional Health Care System, on behalf of the Department of Justice, supported analysis of the competitive effects of United Regional's exclusionary contracts with health insurers.

Price-fixing and horizontal agreements

• In In re Urethane Antitrust Litigation, supported testifying expert on behalf of direct-action plaintiffs regarding overcharges as a result of an alleged price-fixing conspiracy.
• In In re Benco, Schein, and Patterson, in which defendants were accused of conspiring to refuse to offer discounted prices or otherwise negotiate with buying groups seeking to obtain supply agreements on behalf of groups of independent dentists, supported testifying expert on behalf of the Federal Trade Commission.
• In In re Optical Disk Drive Products Antitrust Litigation, supported testifying expert on behalf of Dell, addressing liability issues in Dell’s antitrust lawsuit against suppliers of optical disk drives.
• In In re Cathode Ray Tube (CRT) Antitrust Litigation, an alleged price-fixing conspiracy, supported testifying expert on behalf of a class of direct purchasers.
• In In re TFT-LCD (Flat Panel) Antitrust Litigation, provided expert support on behalf of a coalition of direct-action plaintiffs in the United States, Asia, and Europe in an alleged price-fixing case.
• In In re Dynamic Random Access Memory (DRAM) Antitrust Litigation, supported testifying liability experts on behalf of several plaintiffs in a price-fixing case. 
• In In re Electrical Carbon Products Antitrust Litigation, a price-fixing case, supported damages expert on behalf of opt-out plaintiffs.
• In In re Linerboard Antitrust Litigation, supported testifying liability expert for a large coalition of direct-action plaintiffs involved in a complex horizontal conspiracy matter. 

Other

• In an intellectual property matter involving music royalty payments, co-led the team that processed and analyzed daily stream counts for tens of millions of tracks of music, with a focus on the entry of new tracks and the distribution of their plays over time. 
• In City of Almaty, Kazakhstan and BTA Bank JSC v. Mukhtar Ablyazov, Viktor Khrapunoy, Ilyas Khrapunov, and Triadou SPV S.A., on behalf of a defendant, supported the testifying expert regarding the reasonableness of the valuation of shares sold in a joint venture.