David W. DeRamus, PhD

David W. DeRamus is a founding member of Bates White and is active in many of the firm's practices, including the Antitrust and Competition,  Transfer Pricing and Tax, International Arbitration and Trade, Energy, Finance, and Public Policy and Regulatory Economics Practices. For over 30 years, Dr. DeRamus has provided economic consulting as both a testifying expert and a consulting economist in a wide range of high-profile matters, testifying in federal and state court, before various federal and state regulatory commissions, and in international arbitration (including before the International Chamber of Commerce (ICC)/International Centre for ADR, International Center for Settlement of Investment Disputes (ICSD), and the American Arbitration Association).

Dr. DeRamus specializes in economic and financial analysis, quantitative modeling, public policy and regulatory analysis, pricing analysis, antitrust analysis, damages analysis, class certification analysis, and valuation. He has an extensive background in international economics, industrial organization, antitrust economics, microeconomics, finance, financial modeling, and statistical analysis.

PhD, Economics, University of Massachusetts

MA, Economics, University of Massachusetts

BA, Political Science, Duke University

Transfer Pricing

• On behalf of the US Internal Revenue Service, in Western Digital Corporation and Subsidiaries v. Commissioner of Internal Revenue, testified on transfer pricing issues related to the hard-disk drive business and determined arm’s-length pricing for various intercompany transactions.
• Testified at trial in Perrigo Company and Subsidiaries v. United States of America, a transfer pricing dispute in US District Court related to the pharmaceutical industry.
• Testified on behalf of the South Carolina Department of Revenue in transfer pricing disputes in the South Carolina Administrative Law Court involving Tractor Supply Company, AutoZone, and CarMax Auto Superstores.
• Testified in the Purdue Pharma Chapter 11 proceedings (In re Purdue Pharma L.P., US Bankruptcy Court) on the value of intercompany transfers between Purdue Pharma and other Sackler-owned entities.
• Conducted numerous transfer pricing studies for tax planning, documentation, audits, and litigation for multinational companies involved in a variety of industries.

Antitrust

• Testified at trial in ZF Meritor LLC v. Eaton Corp., a monopolization case involving heavy-duty truck components.
• Submitted expert testimony on antitrust issues and damages in Rockwell Automation v. Radwell International, a case involving Lanham Act trademark infringement claims and antitrust counterclaims. Analyzed issues of monopoly power, anticompetitive conduct (including allegations of a group boycott), trademark infringement, and damages. Analyzed similar issues in In re Certain Programmable Logic Controllers, Components Thereof, and Products Containing Same.
• Served as testifying expert in XY, LLC v. Trans Ova Genetics LLC, a patent infringement and antitrust dispute in the livestock reproductive services industry.
• Submitted expert testimony in In re Methionine Antitrust Litigation, a major price-fixing case involving feed additives on behalf of direct action opt-out plaintiffs.
• Served as consulting expert on antitrust, pricing, and exclusionary conduct issues related to biotechnology and agricultural products. Analyzed potential anticompetitive harm resulting from a proposed acquisition.

International Arbitration and Tax

• Served as economic consultant in a trade dispute before the World Trade Organization. Analyzed potential impacts of certain government financial support programs for a domestic industry on the export and import commerce of another country.
• Served as technical expert in a major contract dispute between petrochemical companies in administered expert proceedings before the International Chamber of Commerce/International Centre for ADR.
• Served as testifying expert before the International Center for Settlement of Investment Disputes in a royalty dispute involving a large natural gas extraction and LNG project.
• In proceedings before the American Arbitration Association, testified in a contract dispute between defense contractors on issues related to the materiality of a government investigation, the economic analysis of a subcontract and alleged joint venture agreement, and damages.

Energy

• Submitted a declaration in Electric Power Supply Association et al. v. Anthony M. Starr et al., a dispute proceeding related to the Illinois "Zero Emissions Credit" program.
• Testified on behalf of the Maryland Public Service Commission in proceedings related to the proposed merger of Exelon and Constellation.  
• Testified on behalf of plaintiffs in Jenkins v. Entergy, Corp. a case alleging an improper energy purchasing scheme.
• Testified on behalf of applicants and intervenors in market-based rate proceedings and merger applications before the Federal Energy Regulatory Commission.
• Served as consulting expert in several cases related to allegations of market manipulation in the natural gas and electricity industry.