David Johnson represents clients in antitrust litigation, government investigations, and other complex commercial disputes.

In 2022, as a member of Latham trial teams, Mr. Johnson defeated both the Federal Trade Commission and the US Department of Justice Antitrust Division in back-to-back antitrust merger trials.

AmLaw named Mr. Johnson and the Latham trial team as “Litigators of the Week” for their historic victory against the Federal Trade Commission in a four-week trial over the US$8 billion reacquisition of GRAIL, Inc. by Illumina, Inc., the first victory of its kind before the FTC’s own Chief Administrative Law Judge. Three weeks later, Mr. Johnson and the Latham trial team earned the designation of “Litigators of the Week – Runner Up” for their victory against the Department of Justice in a four-day trial over U.S. Sugar’s acquisition of Imperial Sugar.

Mr. Johnson’s antitrust litigation work has covered a wide range of conduct and merger challenges, including federal merger trials, allegations of price-fixing, group boycotts, monopolization, and other allegations under federal and state antitrust laws. 

Prior to joining Latham, Mr. Johnson served as law clerk to US District Judge James C. Cacheris of the Eastern District of Virginia, served as judicial extern to US Circuit Judge Steven G. Agee of the US Court of Appeals for the Fourth Circuit, and completed an internship at the US Department of Justice Antitrust Division in Washington, D.C.

Mr. Johnson’s experience includes representing:

Antitrust and Merger Litigation

  • GRAIL, Inc., a bio-tech genomics company, in defeating the Federal Trade Commission in a four-week trial challenging the US$8 billion acquisition of GRAIL by Illumina – In the Matter of Illumina, Inc. & GRAIL, Inc. (F.T.C.)
  • United States Sugar Corp., an agricultural products company, in defeating the US Department of Justice in a four-day trial challenging the acquisition of Imperial Sugar by U.S. Sugar
  • Agrium, a chemical and agricultural products company, in winning Federal Trade Commission approval of US$36 billion merger of equals with PotashCorp to form company Nutrien
  • Radio Music License Committee, a commercial radio trade association, in federal court litigation alleging competing monopoly and monopsony cartel claims – RMLC v. Global Music Rights (C.D. Cal.)
  • Union Pacific Railroad, a Class I railroad, in federal court multi-district litigation alleging price-fixing claims In re Rail Freight Fuel Surcharge Antitrust Litigation (No. II) (D.D.C.)
  • Dairy Farmers of America, an agricultural cooperative, in federal court litigation alleging conspiracy and monopsony claims – Sitts et al. v. Dairy Farmers of America (D. Vt.)
  • CoStar Group, a commercial real estate information and analytics company, in federal bankruptcy court litigation regarding break-up fee from abandoned acquisition of RentPath by CoStar
  • Delphi Automotive, an automotive products company, in one of the largest and most complicated multi-district class action litigations ever filed – In re Auto Parts Antitrust Litigation (E.D. Mich.)

Securities Litigation

  • Stride, Inc. (f/k/a K12), an education technology company, in winning complete dismissal of securities class action regarding statements related to the company’s ability to meet increased demand following the outbreak of the COVID-19 pandemic
  • SandRidge Energy founder and former CEO in winning dismissal of ERISA class action in federal court, as well as partial dismissal of two related securities class actions concerning the company’s oil and gas production projections

Bar Qualification

  • District of Columbia
  • Virginia

Education

  • JD, Washington & Lee University School of Law
    summa cum laude, Order of the Coif
  • Master’s in Applied Economics, Illinois State University
  • Bachelor of Business Administration, Colorado State University