David S. Evans

Chairman, Boston

(617) 320-8933

         

EXPERTISE
Antitrust and Competition Policy; Labor and Discrimination; Financial Regulation

EDUCATION
Ph.D., M.A., Economics, University of Chicago

Dr. Evans is the Chairman of Global Economics Group, LLC and based in its Boston office and the Co-Executive Director of the Jevons Institute for Competition Law and Economics at University College London where he is also Visiting Professor. A specialist in the field of industrial organization, he has authored 6 major books, including two award winners, and more than 100 scholarly articles, which have been widely read and cited. He has BA, MA, and Ph.D. degrees in economics, all from the University of Chicago.

A substantial portion of his research, writing, teaching, consulting, and testimony in the last 20 years has concerned multisided platforms. His most recent book on this topic, Matchmakers: The New Economics of Multisided Platforms, co-authored with Richard Schmalensee and published by Harvard Business Review Press, won the 2017 Gold Medal in Economics for the Axiom Business Book Awards. His academic work was cited extensively by the US Supreme Court in State of Ohio et al. v. American Express.

Dr. Evans have taught classes on antitrust economics, and related topics concerning industrial organization and intellectual property, at the University of Chicago Law School, University College London Faculty of Laws, and Fordham University Law School. He has taught specialized courses on multisided platforms since 2012 and on the digital economy since 2016 at the University College London, both of which are live streamed to competition authorities around the world for instruction of officials and staff.

Dr. Evans’s expert work has focused on competition policy and regulation. He has testified in federal and state courts, and before arbitration panels, in the US and submitted oral or written testimony to courts in the European Union, China, and other jurisdictions. He has also made submissions to, and appearances before, competition and regulatory authorities with respect to mergers and investigations in the US, EU, China, and other jurisdictions.

 

REPRESENTATIVE MATTERS

• T-Mobile acquisition of Sprint. On behalf of T-Mobile and Sprint, submitted declarations to the FCC concerning the dynamic effects of the proposed merger on cellular data prices and capacity, the competitive investment of other carriers, and the likely value of 5G capacity. The FCC and US Department of Justice approved the merger.

• Apple v. Qualcomm. Testimony on behalf of Qualcomm related an antitrust and intellectual property issues arising from the licensing of standards essential patents subject to FRAND commitments. Expert reports and deposition testimony. Apple and Qualcomm reached a settlement agreement at the start of trial.

• 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. The Administrative Law Judge agreed with the FTC and the Commission affirmed the ALJ’s decision.

• NACHA’s interchange fees for Same Day ACH system. On behalf of NACHA, an association of most banks in the US which sets rules for the ACH system, submitted reports and made presentations to the Federal Reserve Board concerning the economics of established a same-day ACH banking network in the US, and the role of interchange fees in doing so. The Federal Reserve Board approved the pricing plan.

• 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 US Department of Justice. Comcast withdrew the merger following opposition by the FCC and Justice Department.

• 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. The Supreme Court affirmed lower court decisions in favor of Tencent.

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, providing oral testimony concerning various topics, particularly with regard to abuse of dominance, over five days. The Court ruled against Microsoft.

 

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).

• A 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 Commission 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.

Selected Viewpoints

The Antitrust Analysis of Rules and Standards for Software Platforms

The Impact of the U.S. Debit-Card Interchange Fee Regulation on Consumer Welfare

Why Apple Pay is Fizzling and What It Means for the Future of Mobile Payments

Interchange Fees: The Economics and Regulation of What Merchants Pay for Cards

Bitcoin’s Roller Coaster Ride to Nowhere

Evans on How Proposed EU Payments Legislation Will Restrain Competition 

Apple Pay, Now That We’ve Sobered Up

The Great Bitcoin Debate in Six Points

Bitcoin Isn’t Ready for Prime Time

Our experts have worked on some of the most significant legal and regulatory matters of the last quarter century and have worked for many leading corporations and government agencies.