Experts

David S. Evans

My academic work has focused on industrial organization, including antitrust economics, with a particular expertise in multisided platforms, digital economy, information technology, and payment systems. I have authored eight books, including two award winners, and more than one hundred articles in these areas. I have developed and taught courses related to antitrust economics, primarily for graduate students, judges and officials, and practitioners, and have authored handbook chapters on various antitrust subjects.

David S. Evans
Name
David S. Evans
Title/Location
Chairman, Boston
Phone
617-320-8933
Expertise
Antitrust/Competition Policy, Labor and Discrimination, Financial Regulation

My expert work has focused on competition policy and regulation. I have served as a testifying or consulting expert on many significant antitrust matters in the United States, European Union, and China. I have also made submissions to, and appearances before, competition and regulatory authorities with respect to mergers and investigations in those and other jurisdictions. I have worked on litigation matters for defendants and plaintiffs, on mergers for merging parties and intervenors, and for and in opposition to competition authorities.

REPRESENTATIVE MATTERS

Federal Trade Commission v. 1-800 Contacts.  Testimony on behalf of the FTC concerning the competitive effects of agreements between 1-800 Contacts and other online sellers of contact lenses that restricted certain forms of search advertising. Expert report and trial testimony on the economics of search engines and search advertising, market definition, and competitive effects. (April 2017).

Comcast’s Proposed Acquisition of Time Warner Cable.  On behalf of Netflix, submitted multiple declarations to the Federal Communications Commission in opposition to the merger and made appearances before the Federal Communications Commissions and U.S. Department of Justice. (July 2014-April 2015).

Qihoo 360 v. Tencent. Written testimony in support of Tencent before the Supreme People’s Court, People’s Republic of China, concerning Qihoo 360’s market definition and abuse of dominance claims against Tencent.  This was the first antitrust matter decided under the Anti-Monopoly Law by the Supreme Court of China. (September 2013)

Federal Reserve Board Debit Card Interchange Fees and Routing Rulemaking Procedure.  Written submissions on behalf of a group of financial institutions concerning the Federal Reserve Board’s preliminary proposed rules concerning debit interchange fees.  (January – June 2011).

European Commission v. Microsoft.  Oral testimony and written submissions before the Grand Chamber, European Court of First Instance (now the European General Court) on behalf of Microsoft concerning economic aspects of the European Commission’s Decision that Microsoft had abused its dominant position with respect to media players and server interoperability. Made several appearances on varioius economic issues over five days. (April 2006).


HONORS AND RANKINGS

Gold Medal Winner, Economics, 2017 Axiom Business Books Awards, for Matchmakers: The New Economics of Multisided Platforms (with R. Schmalensee)

Winner of the Business, Management & Accounting category in the 2006 Professional/Scholarly Publishing Annual Awards presented by the Association of American Publishers, Inc. for Invisible Engines: How Software Platforms Drive Innovation and Transform Industries (with R. Schmalensee).

Top 2% of economists, IDEAS, based on average rank score (May 2017)

Ranked 12th most downloaded economist and 15th most downloaded law professor, Social Science Research Network; ranked 243 out of 8000 economists and 16 out of 3000 law professors based on quality weighted citations (May 2017).

APPEARANCES IN COMPETITION AND REGULATORY MATTERS

In the Matter of 1-800 Contacts, Before the Federal Trade Commission, Office of Administrative Law Judges, Docket No. 9372. Testified in support of the Federal Trade Commission, concerning the competitive effects of agreements between 1-800 Contacts and other online sellers of contact lenses that restricted certain forms of search advertising. (April 2017).

In the Matter of the Application of Securities Industry and Financial Markets Association For Review of Actions Taken by Self-Regulatory Organizations Administrative Proceeding File No. 3-15350. Testified in support of the Securities Industry and Financial Markets Association (SIFMA), concerning whether securities exchanges face significant competitive constraints in setting their fees for depth-of-book data products. (April 2015).

Comcast Time Warner Cable Transaction, MB Docket No. 14-57, Federal Communications Commission, Economists Roundtable, January 2015, as well as several presentations to FCC senior staff and officials.

Qihoo 360 v. Tencent. Written testimony in support of Tencent before the Supreme People’s Court, People’s Republic of China, concerning Qihoo 360’s market definition and abuse of dominance claims against Tencent. (Written testimony filed for September 2013 trial).  Also testified before the Guangdong High Court. (Written submission, April 2012)

Presidential Emergency Board No. 243, National Mediation Board, Case Nos. A-13569, A-13570, A-13572, A-13573, A-13574, A-13575, and A-13592. Testified in support of the National Railway Labor Conference concerning wages, benefits, and work rules for railroad workers. (October 2012).

Case T-201/04, Microsoft v. Commission of the European Communities. Testified in support of Microsoft before the Grand Chamber, Court of the First Instance of the European Union concerning the Commission’s determination that Microsoft had abused its dominant position by refusing to license certain information regarding its operating system and by tying a media player to its Windows operating system. (April 2006).

Case T-201/04, Microsoft v. Commission of the European Communities. Testified before the President, Court of the First Instance of the European Union in support of Microsoft’s application for a suspension of remedies during its appeal of a Commission decision. (October 2004).

Case T-201/04, Microsoft v. Commission of the European Communities. Testified before Hearing Officer of the European Commision concerning the Commission’s determination that Microsoft had abused its dominant position by refusing to license certain information regarding its operating system and by tying a media player to its Windows operating system. (October 2003).


I have also made appearances and submission to Australian Competition and Consumer Commission, Competition Commission of Singapore, Directorate General for Competition, European Commission, Ministry of Commerce, People’s Republic of China, National Development and Reform Commission, People’s Republic of China, U.K. Competition and Market Authority, U.S. Federal Reserve Board, U.S. Department of Justice, U.S. Federal Communications Commission, U.S. Federal Trade Commission, U.S. Securities and Exchange Commission

REPRESENTATIVE PUBLICATIONS

Matchmakers: The New Economics of Multisided Platforms (Cambridge, MA: Harvard Business School Press, 2016).  Published or pending translations in Chinese, French, Japanese, Korean, Russian, Spanish, Vietnamese. Gold Medal Winner, Economics, 2017 Axiom Business Book Awards.

Invisible Engines: How Software Platforms Drive Innovation and Transform Industries, (Massachusetts: MIT Press, 2006), with A. Hagiu and R. Schmalensee. Translated into Chinese and Korean.Winner of the Business, Management & Accounting category in the 2006 Professional/Scholarly Publishing Annual Awards presented by the Association of American Publishers, Inc.

Paying with Plastic: The Digital Revolution in Buying and Borrowing (Massachusetts: MIT Press, first edition 1999, second edition 2005), with R. Schmalensee. Translated into Chinese.

“The Antitrust Analysis of Multi-Sided Platform Businesses,” (with R. Schmalensee), in Oxford Handbook on International Antitrust Economics, R. Blair and D. Sokol, eds., Oxford: Oxford University Press, 2015.

“Attention Rivalry among Online Platforms and Its Implications for Antitrust Analysis,” Journal of Competition Law and Economics, 2013, 9(2), 313-357.

“Governing Bad Behavior by Users of Multi-Sided Platforms,” Berkeley Technology Law Journal, 2012, 27(2).

“The Online Advertising Industry: Economics, Evolution, and Privacy,” Journal of Economic Perspectives, 2009, 23(3), 37-60.

 “The Microsoft Judgment and its Implications for Competition Policy towards Dominant Firms in Europe,” (with C. Ahlborn), Antitrust Law Journal, 2009, 75(3), 887.

“Designing Antitrust Rules for Assessing Unilateral Practices: A Neo-Chicago Approach,” (with A. Padilla), University of Chicago Law Review, 2005, 72(1), 73-98.

“Why Do Firms Bundle and Tie? Evidence from Competitive Markets and Implications for Tying Law,” (with M. Salinger), Yale Journal on Regulation, 2005, 22(1), 37-89.

 “The Antitrust Economics of Multi-Sided Platform Markets,” Yale Journal on Regulation, 2003, 20(2).

 “Some Economic Aspects of Antitrust Analysis in Dynamically Competitive Industries,” (with R. Schmalensee), in Innovation Policy and the Economy, Vol. 2, A. Jaffe, J. Lerner and S. Stern, eds., Cambridge, MA: MIT Press, 2002.