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

Mr. Johnson has been an associate leader on trial teams that have defeated both the US Department of Justice Antitrust Division and the Federal Trade Commission in antitrust trials challenging business mergers.

Mr. Johnson’s trial victories against federal antitrust enforcers have earned him recognition from AmLaw as a “Litigator of the Week” and recognition from Law360 as a “Legal Lion of the Week.”

Mr. Johnson’s antitrust litigation experience includes the defense of business mergers, and defense of allegations of price-fixing, exclusive dealing, information sharing, monopolization, monopsonization, and other allegations under federal and state antitrust laws.

Mr. Johnson’s antitrust clients span many industries, including sports, media and entertainment, digital platforms, transportation, and agricultural products.

Mr. Johnson has litigated cases to successful completion in both district courts and appellate courts, and having clerked or interned for both a U.S. District Court Judge and a U.S. Court of Appeals Judge, has strategic insights into the operations of both levels of courts.

Mr. Johnson’s experience includes representing:

Antitrust, Merger Investigations, and Litigation

  • U.S. Sugar, a national sugar producer and refiner, at trial in its successful defense against the DOJ’s attempt to prevent the company’s acquisition of a competitor
  • GRAIL, Inc., a bio-tech company, in defeating the Federal Trade Commission in a four-week trial challenging the US$8 billion acquisition of GRAIL by Illumina
  • 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

Antitrust Conduct Litigation

  • Ultimate Fighting Championship, a mixed martial arts event promoter, in defense of allegations of exclusive dealing and monopolization
  • Fanatics, a global digital sports platform, in defense of allegations of monopolization relating to sports trading cards
  • U.S. Soccer, the governing body of soccer in the United States, in defense of allegations of monopolization and exclusionary practices
  • CoStar Group, an international commercial real estate data firm, in securing dismissal with prejudice of federal and state antitrust claims
  • A sugar marketing cooperative in defense of allegations of information sharing
  • Radio Music License Committee, a commercial radio trade association, in defense of allegations of monopsony and pursuit of monopolization claims
  • Union Pacific in a purported multibillion-dollar price-fixing case related to fuel surcharges
  • Dairy Farmers of America, in a series of putative class actions seeking to challenge DFA’s business model under Section 2 of the Sherman Act

Bar Qualification

  • District of Columbia
  • Virginia


  • 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
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July 26, 2023 Recognition

Litigator of the Week Runners-Up and Shout Outs

Latham team recognized as appellate court affirms previous decisions against the US Department of Justice's challenge to U.S. Sugar's purchase of Imperial Sugar.