David Mishol consults and provides expert testimony on antitrust and competition issues arising in commercial litigation, including matters alleging collusion, price fixing, overcharge, pass-through, monopolization, and breach of contract. Dr. Mishol also conducts economic and statistical analyses in structured finance matters, as well as economic, financial, and quantitative analyses related to Rule 10b‑5 claims and Employee Retirement Income Security Act (ERISA) matters. His industry experience includes computer hardware and software, commodities, electronic payments, healthcare, hospitality, medical devices, pharmaceuticals, and transportation.
Dr. Mishol has over twenty-five years of consulting experience, supporting academic and industry experts and counsel through all phases of litigation, including discovery, class certification, deposition, motion practice, and trial.
In addition, Dr. Mishol has been retained as an expert witness in the United States and the UK. He has written expert reports and testified in depositions and at trial. In these contexts, he has provided economic and damages analysis related to alleged cartels and breaches of contract, and general commercial damages.
Dr. Mishol’s experience includes:
Antitrust and competition
- Providing written expert testimony to analyze overcharges, pass-through, and other damages in the international air cargo industry
- Preparing an expert report to assess damages and providing deposition and trial testimony in a matter involving the wholesale and retail steel markets
- Preparing an expert report and testifying in deposition in a breach of contract matter involving auctions of government-owned mortgages
- Preparing an expert report to analyze competition issues and assess damages related to an alleged breach of contract in the hotel industry
- Developing and estimating econometric models to assess liability and damages issues in the computer hardware and software, medical device, pharmaceutical, gasoline, and transportation markets
- In multiple merger investigations, assessing market definition, price and quality competition, the economic cost of entry, and economic profitability in matters involving electronic payment systems, hospitals, glassware, and textbooks
Healthcare and life sciences
- Applying econometric modeling to estimate the impact of marketing, quality, and other factors on the demand for particular prescription pharmaceutical products
- Analyzing licensing and contracting procedures related to the development, commercialization, and marketing of a patented pharmaceutical product in a transfer pricing dispute