Nitin Dua, PhD

Nitin Dua co-chairs the Antitrust and Competition Practice at Bates White. He specializes in antitrust analysis of mergers and monopolization issues. He has extensive experience leading economic and statistical analyses on highest profile merger litigation cases on behalf of government agencies and private entities. In the recent years, he supervised economic analyses for major telecom matters, including the state-led litigation in an effort to block the merger between Sprint and T-Mobile and the DOJ-led effort to block the merger between AT&T and Time Warner. Dr. Dua is also an expert in healthcare. He has advised clients and provided complex econometric analyses for a number of hospital and insurance firm merger cases. In addition to healthcare and telecom, Dr. Dua has worked on engagements involving intellectual property issues in the music industry and antitrust damages in the airline industry.

PhD, Economics, Florida State University

MS, Economics, Florida State University

Master of Business Economics, University of Delhi, India

Bachelor of Business Economics, University of Delhi, India

Healthcare and life sciences

• Submitted expert reports and declarations on behalf of the California Department of Justice in State of California v. Sutter Health. Provided economic analysis demonstrating that Sutter had not provided sufficient evidence to support its request to modify chargemaster caps. The court partially denied Sutter’s request and agreed to a limited modification to the cap.
• On behalf of Change Healthcare, a healthcare technology company, in connection with its proposed $13.8 billion merger with UnitedHealth Group, supported the merging parties’ advocacy efforts and subsequent preparation for a challenge by the Department of Justice (DOJ). Led analysis of competitive effects, including both horizontal and vertical effects related to the transaction. A US District Judge denied DOJ’s request to block the merger.
• Served as the consulting expert for Radiology Partners in its acquisition of MedNax Radiology Systems. 
• On behalf of Humana in connection with its proposed merger with Aetna, supported Aetna and Humana’s efforts to respond to DOJ’s second request, and supervised analyses of likely competitive effects and barriers to entry and exit in the sale of Medicare Advantage products.
• On behalf of Thermo Fisher Scientific Inc., in connection with its proposed acquisition of Qiagen N.V., supported the parties’ advocacy efforts in response to reviews by antitrust authorities in multiple jurisdictions, including the United States and Europe.
• Led the team supporting the expert analysis of Dr. Cory Capps on behalf of the FTC in its proceedings seeking to block Cabell Huntington Hospital’s acquisition of St. Mary’s Medical Center in Huntington, WV.
• Supported the expert work of Dr. Cory S. Capps on economic analysis of likely competitive effects and efficiencies in relation to Highmark Inc.’s proposed acquisition of Blue Cross of Northeastern Pennsylvania (BCNEPA).
• In In the Matter of OSF Healthcare System, a corporation, and Rockford Health System, performed economic analysis to support the testifying expert assessing, on behalf of the Federal Trade Commission (FTC), the competitive effects of OSF Healthcare System’s proposed acquisition of Rockford Health System in Rockford, Illinois. 

Telecom

• Co-led the team supporting the testimonies of Professors Carl Shapiro and Fiona Scott Morton on behalf of New York and other state Attorneys General litigating to block the merger of Sprint and T-Mobile.

• Co-led the team providing support for Prof. Carl Shapiro, who served as the Department of Justice’s (DOJ) chief economic expert in its litigation effort to block the merger between AT&T and Time Warner Inc.

Online platforms and software

• Supported the expert in a class action lawsuit against Amazon in Canada. The plaintiffs allege that Amazon and third-party sellers agreed on a most favored nation (MFN) provision prohibiting third-party sellers from offering their products on platforms other than Amazon at prices lower than the prices they charge on Amazon.
• Retained as the expert on a merger between two companies that develop software for emergency services departments.

Music

• Supported the expert analysis of Dr. Keith Waehrer on behalf of Pandora in its litigation with Broadcast Music, Inc. (BMI). 
• Supported the expert analysis of Dr. Keith Waehrer to the Copyright Royalty Board on behalf of National Public Radio, Inc. and the Corporation for Public Broadcasting as part of the Webcasting IV proceeding. 
• In the matter In re Petition of Pandora Media, Inc., worked as part of the team providing support for the expert analyses, reports, and testimony of Dr. Leslie Marx on behalf of Pandora in its litigation with the American Society of Composers, Authors, and Publishers (ASCAP).