David M Eisenstadt

David M. Eisenstadt
Senior Managing Director

Economic Expert: Antitrust & Competition Economics & Computation of Economic Damages

Dr. David M. Eisenstadt is a Senior Managing Director at Ankura, based in Washington DC. He is a nationally known economic expert in the fields of antitrust and industrial organization and has developed particular consulting and testimony expertise in the antitrust and industrial organization analysis of health care markets. David’s more than 40 years of experience includes university teaching and employment as a senior economist at the United States Department of Justice Antitrust Division. Since 1984, he has been employed in private economic consulting, including co-ownership of Microeconomic Consulting and Research Associates (MiCRA) from 1991-2015. Since 2015, he has been employed as a managing director in Navigant’s economics, acquired by Ankura in 2018.

  • Experience

    David has provided expert testimony on issues related to competition in numerous industries including real estate brokerage services, professional sports, pharmaceuticals, electronics, tobacco products, and health care markets. His testimony includes analyses pertaining to mergers, conspiracy, and matters involving monopolization and exclusionary conduct. During the course of his career he has analyzed over several hundred provider mergers at different stages of review. Particular analyses in monopolization cases have included testimony on market definition and alternative forms of conduct including market share discounts, discriminatory access, raising rivals’ costs, staff privilege, and essential facility denials, most favored nations agreements, and predation.

    During his career, he has made numerous appearances before federal and state antitrust agencies and has testified in federal, state, and administrative courts as an economic expert. Most recently, he testified in FTC v. Advocate Health Care Network, Steward v. Blue Cross Blue Shield of Rhode Island, and United Biologies et al. v. Allergy, and Asthma Network/Mothers, or Asthmatics et al. David has also testified in numerous non-antitrust commercial litigations, including certificate of need review, trade secret, and other disputes relating to theft of intellectual property and has computed economic damages in both antitrust and non-antitrust matters.

    David has published articles in the areas of healthcare antitrust, vertical restraints, and the compilation of economic evidence in matters that are reviewed under a truncated rule-of-reason standard.

  • News & events
    • National Health Lawyers Association, 05/2016
    • American Antitrust Institute, 02/2016
  • Insights & innovation
    • “A Note on Complementary Goods Mergers Between Oligopolists with Market Power: Cournot Effects, Bundling and Antitrust,” Review of Law & Economics 10, Issue 1, 03/2014, with Robert Masson and Serdar Dalkir
    • “The Role of Rule of Reason in Truncated Rule of Reason Analysis,” Antitrust 28, no. 3, Summer 2014, with James Langenfeld