Dr. Ben-Ishai has extensive expertise in competition, securities, and product liability matters. Prior to joining The Brattle Group, he completed three years of distinguished public service as a senior government official and the Chief Economist at the New York State’s Attorney General’s Office. As Chief Economist for the Office, Dr. Ben-Ishai successfully led the economics work of the agency in a number of high-stakes, high-impact cases. These include a consummated merger challenge where he testified on disgorgement of ill-gotten gains; a product hopping monopolization lawsuit in the pharmaceutical industry; a securities investigation involving climate change risk disclosure; and a consumer fraud matter related to the sales of diesel vehicles equipped with defeat devices.
Earlier in his career, Dr. Ben-Ishai served as a private consultant in both testifying and consulting roles. He advised clients on a wide range of antitrust matters relating to monopolization, price-fixing conspiracies, mergers, and damages. He was also a Visiting Fellow at the Milken Institute in California and a Visiting Scholar at the University of Toulouse in France.
Provided consulting support in connection with pricing and surcharging of credit card merchant fees for a U.S. Supreme Court Case brought against the State of New York (December 2016 to Present)
Advised the State of New York on the competitive impact of a proposed acquisition of Cigna by Anthem (October 2016 to Present)
Provided consulting support on economic materiality in an investigation relating to Exxon’s climate change related disclosures (March 2016 to Present)
Provided consulting support in a matter involving alleged manipulation of LIBOR and other benchmark interest rates (March 2015 to August 2016)
Advised the State of New York on the competitive impact of a proposed acquisition of Time Warner Cable by Comcast Corporation (January 2015 to April 2015)
Provided consulting support related to disgorgement of ill-gotten gains in a matter relating to alleged AIG investor fraud (March 2016 to Present)
Provided consulting support in an investigation of alleged misstatements made by Peabody Energy relating to its climate change risks (October 2014 to November 2015)
Served as a consulting expert in a monopolization case relating to a pharmaceutical product hopping strategy (April 2014 to November 2015)
United States et al., v. Twin America LLC et al., United States District Court, Southern District of New York, Case No. 12-cv-8989 (ALC), Provided expert reports and deposition testimony in support of the government’s claims relating in an unlawful merger between tour companies operating in New York State; testified on disgorgement of ill-gotten gains attributed to the merger.
In re NCAA Student-Athlete Name & Likeness Licensing Litigation, United States District Court, Northern District of California, Case No. 09-cv-01967 CW, Provided an expert report and deposition testimony for defendants in a matter involving an alleged conspiracy to fix compensation of NCAA student-athletes
Hebrew University of Jerusalem, Ph.D. in Economics
University of California, Los Angeles, B.A. in Economics