David Eisenstadt is a Managing Director with Navigant Economics, based in Washington, DC. Prior to joining Navigant Economics in July of 2015, he was a founder and Principal of Microeconomic Consulting & Research Associates, Inc. (MiCRA), an economic consulting firm specializing industrial organization, antitrust and competition economics, and applied microeconomic theory.
Dr. Eisenstadt has provided expert testimony in many antitrust and non-antitrust matters and has been retained to provide analysis in hundreds of actual lawsuits or potential litigation matters. The subject matter of his different testimonies has ranged from opinions about market definition and market power, the competitive effects of mergers and exclusionary practices, economic evidence regarding the plausibility of conspiracy, the value of intellectual property and damages relating to (alleged) unlawful conduct including restraint of trade, theft of intellectual property and product liability.
Dr. Eisenstadt frequently uses economic theory or econometric analysis to perform expert analysis. He typically assists clients through every phase of a project—from framing the relevant economic issues, to compiling economic evidence via the compilation facts and data, to providing assistance to counsel in all the phases of a litigation – culminating with the submission of written and/or oral expert testimony.
A significant portion of Dr. Eisenstadt’s work involves analysis of competition issues in the health care sector. His clients include hospitals, physicians, pharmaceutical products distributors and third-party payers. He has also testified in many non-healthcare matters including litigations in the professional sports, real estate brokerage services, software diagnostics and data processing, food distribution, tobacco products, energy, telecommunications, auto parts and banking industries.
Representative testimony and consulting experience include:
Over the course of his career Dr. Eisenstadt has made numerous presentations to and/or appeared multiple times before the U.S. Department of Justice, the Federal Trade Commission, and States Attorney Generals Offices. Prior to entering private consulting Dr. Eisenstadt held the position of Senior Economist at the United States Department of Justice Antitrust Division and he taught economics at the University of Missouri and University of Illinois. Dr. Eisenstadt’s publications include articles that analyze competition issues in the health care industry, vertical restraints, merger efficiencies, and economic evidence relevant to truncated rule of reason analysis.
Dr. Eisenstadt presently continues as a Principal of MiCRA for purposes of winding down its business.