Nitin Dua, PhD

Nitin Dua co-chairs the Antitrust and Competition Practice at Bates White. He specializes in antitrust analysis of mergers and monopolization issues and has extensive experience leading economic and statistical analyses in high-profile merger litigation on behalf of state and federal agencies as well as private entities. Dr. Dua has provided economic analysis across a range of sectors, including healthcare, media, retail, and technology/software. He has served as an economic expert in antitrust matters, including testifying in merger trials.

PhD, Economics, Florida State University

MS, Economics, Florida State University

Master of Business Economics, University of Delhi, India

Bachelor of Business Economics, University of Delhi, India

Retail

• Retained by the State of Colorado Department of Law in State of Colorado ex rel. v. The Kroger Co. et al. in its effort to block Kroger Co.’s proposed merger with Albertsons. Submitted multiple reports, provided deposition testimony, and testified at trial. 
• Retained by Washington State Office of the Attorney General in State of Washington v. The Kroger Co. et al. in its effort to block the merger of Kroger Co. and Albertsons. Submitted initial and rebuttal reports, provided joint deposition for this case and the case in Colorado, and testified at trial.

Online platforms and software

• Retained as the expert on a merger between two software companies that develop SaaS citizen engagement software. The transaction was cleared without a second request.
• Retained as the expert on a merger between two companies that develop software for emergency services departments.
• On behalf of the consumer class in Klein et al. v. Meta, a case in which plaintiffs allege that Facebook engaged in deceptive privacy practices that allowed it to obtain and maintain monopoly power, supported the expert.
• Supported the expert in a class action lawsuit against Amazon in Canada. The plaintiffs allege that Amazon and third-party sellers agreed on a most favored nation (MFN) provision prohibiting third-party sellers from offering their products on platforms other than Amazon at prices lower than the prices they charge on Amazon.
• On behalf of a large American company providing communications platform as a service (CPaaS), carried out an antitrust risk assessment of investment in a minority ownership of a US telecommunications company.

Telecom

• Co-led the team supporting the testimonies of economic experts on behalf of New York and other state Attorneys General litigating to block the merger of Sprint and T-Mobile.

• Co-led the team providing support to the Department of Justice’s (DOJ) chief economic expert in its litigation effort to block the merger between AT&T and Time Warner Inc.

Healthcare and life sciences

• Submitted expert reports and declarations on behalf of the California Department of Justice in State of California v. Sutter Health. Provided economic analysis demonstrating that Sutter had not provided sufficient evidence to support its request to modify chargemaster caps. The court partially denied Sutter’s request and agreed to a limited modification to the cap.
• On behalf of Change Healthcare, a healthcare technology company, in connection with its proposed $13.8 billion merger with UnitedHealth Group, supported the merging parties’ advocacy efforts and subsequent preparation for a challenge by the Department of Justice (DOJ). Led analysis of competitive effects, including both horizontal and vertical effects related to the transaction. A US District Judge denied DOJ’s request to block the merger.
• Served as the consulting expert for Radiology Partners in its acquisition of MedNax Radiology Systems. 
• On behalf of Humana in connection with its proposed merger with Aetna, supported Aetna and Humana’s efforts to respond to DOJ’s second request, and supervised analyses of likely competitive effects and barriers to entry and exit in the sale of Medicare Advantage products.
• On behalf of Thermo Fisher Scientific Inc., in connection with its proposed acquisition of Qiagen N.V., supported the parties’ advocacy efforts in response to reviews by antitrust authorities in multiple jurisdictions, including the United States and Europe.
• Led the team supporting the economic expert's analysis on behalf of the FTC in its proceedings seeking to block Cabell Huntington Hospital’s acquisition of St. Mary’s Medical Center in Huntington, WV.
• Supported Methodist Medical Center’s monopolization claim against OSF Healthcare System. Conducted economic analysis to show that OSF’s St. Francis hospital had market power in the local commercial insurance market and estimated economic damages resulting from OSF’s conduct.
• Provided economic analysis of likely competitive effects and efficiencies in relation to Highmark Inc.’s proposed acquisition of Blue Cross of Northeastern Pennsylvania (BCNEPA).
• In In the Matter of OSF Healthcare System, a corporation, and Rockford Health System, performed economic analysis to support the testifying expert assessing, on behalf of the Federal Trade Commission (FTC), the competitive effects of OSF Healthcare System’s proposed acquisition of Rockford Health System in Rockford, Illinois. 

Music

• Supported the expert analysis on behalf of Pandora in its litigation with Broadcast Music, Inc. (BMI). 
• Supported the expert analysis in front of the Copyright Royalty Board on behalf of National Public Radio, Inc. and the Corporation for Public Broadcasting as part of the Webcasting IV proceeding.