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Peter Malaspina, Ph.D.

Principal and Testifying Expert

pmalaspina@qes-llc.com

EDUCATION

- 2011 Ph.D. in Economics, University of North Carolina at Chapel Hill

Fields: Microeconomics, Industrial Organization, Econometrics

 

- 2003 B.A. in Mathematics and Economics, Vassar College

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PROFESSIONAL EXPERIENCE

2012-Present      Quantitative Economic Solutions, LLC

Principal and Testifying Expert (2019-Present) – Direct research on microeconomic issues in litigation and non-litigation matters. Areas of particular focus include: antitrust, regulation, intellectual property, fraud, and contract matters.

Senior Economist / Vice President (2012-2017)

 

2017-2019          New York State Office of the Attorney General

Chief Economist – Chief economic advisor to the New York State Attorney General. Provided expert testimony in state, U.S. district, and appellate courts. Presented economic analyses to staff economists and attorneys at the U.S. DOJ and FTC. Select public investigations and litigations casework at the OAG:

Antitrust

  • CVS – Aetna (Merger Review)

  • Disney – Fox (Merger Review)

  • Generic Drug Price Fixing (Multiple Defendant Anticompetitive Conduct Litigation)

  • Indivior and MonoSolRX: Suboxone (Anticompetitive Conduct Litigation)

  • Sprint – T-Mobile (Merger Review)

  • Walgreens – Rite Aid (Merger Review)

Consumer Frauds & Internet and Technology

  • Charter Communications, Inc. (Fraud Investigation and Settlement)

  • Energy Service Companies (Investigation and Litigation)

  • Equifax (Data Breach Investigation)

  • Industry-Wide Standards for Marketing Industry Speeds

                            Investor Protection

  • Exxon Mobil Corporation (Fraud Investigation and Litigation)

  • Intervention to protect fiduciary rules for Financial Advisors

  • UBS (Libor Investigation and Settlement)

  • Wells Fargo (Fraud Investigation and Settlement)

 

Social Justice: Healthcare & Environmental Protection

  • FedEx (Cigarette Trafficking Litigation and Settlement)

  • Purdue Pharma: Opioids (Fraud Investigation and Litigation)

  • Target, Walmart, and Importer LaRose (Investigation related to selling toxic toys)

 

2010-2012          Energy Group at Freeman, Sullivan & Co.

Consultant – Directed, designed, and performed research and experiments relating to electricity markets and analyzed customer demand.

 

2006-2010          University of North Carolina, Chapel Hill

Instructor – Taught undergraduate courses: Introductory Economics, Intermediate Micro Theory, and Public Policy

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TESTIFYING EXPERIENCE AND EXPERT ENGAGEMENTS

  • David Yurman Enterprises LLC, David Yurman Retail LLC, and David Yurman IP LLC v. Royal Chain, Inc.

United States District Court for the Southern District of New York, Case No. 1:23-cv-8224 (Expert Report)  

 

  • Heritage Guitar, Inc. v. Gibson Brands, Inc.

United Sates District Court for the Western District of Michigan Southern Division, Case No. 1:20-cv-229 (Expert Reports and Deposition)

 

  • Federal Trade Commission and People of the State of New York v. Quincy Bioscience Holding Company, Inc. et al.

United States District Court for the Southern District of New York, Case No. 1:17-CV-00124-LLS (Expert Report, Expert Declaration, and Deposition)

 

  • Actifio, Inc. v. Rubrik, Inc.

United States District Court for the District of Delaware Case No. 1:20-cv-00886-CFC (Expert Declaration)

 

  • The City of New York v. FedEx Ground Package System, Inc. et al.

United States District Court, Southern District of New York, Case No. 13-cv-09173-ER (Declaration)

 

  • Chamber of Commerce of the United States of America; Financial Services Institute, Inc.; Financial Services Roundtable; Greater Irving-Las Colinas Chamber of Commerce; Humble Area Chamber of Commerce, doing business as Lake Houston Chamber of Commerce; Insured Retirement Institute; Lubbock Chamber of Commerce; Securities Industry and Financial Markets Association; Texas Association of Business v. U.S. Department of Labor; R. Alexander Acosta, in his official capacity as Secretary of Labor. (Declaration supporting Motion to Intervene of the States of California, New York, and Oregon)

United States Court of Appeals for the Fifth Circuit, Case No. 17-10238 (Declaration)

 

  • In the Matter of Eligibility Criteria for Energy Service Companies. State of New York Public Service Commission; Proceeding on Motion of the Commission to Assess Certain Aspects of the Residential and Small No-Residential Retail Energy Markets in New York State; In the Matter of Retail Access Business Rules

State of New York Public Service Commission, Case 15-M-0127, Case 12-M-0476, Case 98-M-1343. (Written testimony; live testimony at an evidentiary hearing before administrative law judges with live cross-examination)

 

 

 

SELECT PUBLICATIONS, ACTIVITIES, AND RESEARCH

  • Panelist for “Proving Market Power in Unilateral Conduct Cases,” Hosted by the American Bar Association (June 30, 2020).

 

  • Presentation on Patent Citation Analysis to the Patent Damages Subcommittee for the American Intellectual Property Law Association (August 13, 2019).

 

  • Patent Citation Analysis in Patent Damages, Chicago-Kent Journal of Intellectual Property, Vol. 18, Issue 1 (2019).

 

  • NYSBA 2018 Antitrust Expert Training Academy (Program Evaluator).

 

  • Mutual Fund Fees and Active Share (NYOAG Website, April 2018).

 

  • Comments of New York, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota (by and through its Minnesota Pollution Control Agency), New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington, the District of Columbia, and the cities of Boulder (CO), Chicago, Los Angeles, New York, Philadelphia, and South Miami (FL), and the county of Broward (FL) on the Environmental Protection Agency’s proposed Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, 82 Fed. Reg. 48,035 (October 16, 2017).

 

  • 2011 Ex Ante Load Impacts for PG&E’s Non-residential TOU Rates.  (June 1, 2012, with Stephen George, Josh Bode, and Sam Holmberg).

 

  • 2011 Ex Post and Ex Ante Load Impact Evaluation of San Diego Gas & Electric Company's Summer Saver Program. (May 21, 2012, with Michael Perry).

 

  • Load Impact Estimates for SCE's Demand Response Programs.  (April 1, 2011, with Stephen George, Josh Bode, Michael Perry, Josh Schellenberg, Sam Holmberg).  Prepared for Southern California Edison.

 

 

AWARDS, HONORS, AND MEMBERSHIPS

  • 2018 State of New York Office of the Attorney General Superior Service Award

 

  • UNC Graduate Student Fellowship

 

  • Vassar College Emilie Louise Wells Fellowship Award

 

  • Omicron Epsilon Delta (Economic Honor Society)

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