Daniel P. Kessler

Professor of Political Economy, Stanford Graduate School of Business;
Professor of Law, Stanford Law School;
Professor (by courtesy) of Health Research and Policy, Stanford School of Medicine;
Senior Fellow, Hoover Institution and Stanford Institute for Economic Policy Research, Stanford University;
Senior Advisor, Cornerstone Research

For more information, contact:

  • Dina Older Aguilar
  • Mengshan Cui

or any member of our senior staff.

Education

Daniel Kessler has consulted and testified for hospitals, physician groups, integrated delivery systems, insurers, and pharmaceutical manufacturers on cases involving antitrust issues, billing and contracting disputes, fraud and abuse litigation, insurance regulation, and sampling issues. Professor Kessler has provided deposition testimony on competition issues in litigation and merger matters. He has assessed alleged exclusionary contracting and refusal to deal, the competitive impact of physician-hospital integration, and efficiencies from integration. He has also analyzed the “failing firm” defense.

Professor Kessler has consulted to trade associations, foundations, and the governments of the United States and Canada. He has experience on matters involving class certification, liability, and damages issues. Professor Kessler cosigned an amicus brief submitted to the U.S. Supreme Court in FTC v. Actavis.

Professor Kessler has written numerous academic papers and books about health policy, healthcare finance, antitrust law, and law and economics. His recent work uses health insurance claims data to investigate how competition among hospitals and vertical integration between hospitals and physicians affect the cost and quality of care. He has also studied how tax policy affects health spending, and how insurers can identify providers most likely to engage in fraudulent or abusive billing practices.

Professor Kessler is a research associate at the National Bureau of Economic Research. His articles have appeared in numerous journals, including the American Economic Review, Health Affairs, and the Quarterly Journal of Economics. He also speaks widely at industry, legal, and academic conferences on topics related to healthcare competition issues, the False Claims Act, kickbacks, and health policy.

Professor Kessler has taught courses in health economics, public policy, and antitrust law at Stanford University, Harvard University, and the Wharton School of the University of Pennsylvania. He has won awards from Stanford University, the National Institute for Health Care Management Foundation, and the International Health Economics Association.

Case

Appraisal Litigation in a Going Private Transaction

Case

Negligence Lawsuit Against Healthcare Provider

Case

Healthcare Insurance Payments Kickback Trial

Case

Assessment of Actuarial Services for a University’s Health Insurance Plan

Case

Analysis of Consulting Services to Self-Insured Student Health Plan

Case

Reverse Payments Settlement Analysis

Case

Cornerstone Research Coauthors Antitrust Amicus Brief for Supreme Court

Case

Cost Shifting

  • “Cost Shifting in California Hospitals: What Is the Effect on Private Payers?,” California Foundation for Commerce & Education, June 2007
  • “Estimating Damages in FCA Litigation,” Federal Bar Association, 17 August 2020
  • “Hot Topics in Healthcare Anti-Kickback and False Claims Act Cases,” Healthcare and Pharmaceuticals Committee, American Bar Association Section of Antitrust Law, 13 January 2016