David Johnson represents clients in high-stakes antitrust trials, antitrust litigation, and government antitrust investigations.

David draws on his experience on multiple winning trial teams defeating the government and private plaintiffs to defend clients in antitrust challenges. He has litigated cases to successful completion in district and appellate courts, including securing a defense victory in a US$500 million jury trial, defeating both the US Department of Justice Antitrust Division and the Federal Trade Commission in antitrust trials challenging business mergers, and winning cases on motions to dismiss and summary judgment.

David has extensive experience in antitrust cases involving:

  • Mergers and acquisitions
  • Monopolization
  • Anticompetitive agreements
  • Price-fixing
  • Exclusive dealing
  • Information sharing

David’s experience spans many industries, including sports, media and entertainment, digital platforms, transportation, and agricultural products.

David interned for Judge G. Steven Agee of the US Court of Appeals for the Fourth Circuit and clerked for Judge James C. Cacheris of the US District Court for the Eastern District of Virginia.

David’s experience includes representing:

Antitrust Conduct Litigation

  • U.S. Soccer, the national governing body for the sport in the United States, in securing a total defense victory in a federal jury trial where the plaintiff sought nearly US$500 million for conspiracy claims
  • NASCAR, in defense of monopolization allegations relating to stock car racing
  • 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 monopolization allegations relating to sports trading cards
  • CoStar Group, an international commercial real estate data firm, in securing dismissal with prejudice of federal and state antitrust claims
  • 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, thrown out at summary judgment stage
  • Dairy Farmers of America in a series of putative class actions alleging monopolization and monopsonization

Antitrust, Merger Investigations, and Litigation

  • U.S. Sugar, a national sugar producer and refiner, at trial in successfully defending against the DOJ’s attempt to prevent the company from acquiring a competitor
  • GRAIL, a biotech company, in defeating the FTC in a four-week trial challenging GRAIL’s US$8 billion acquisition by Illumina
  • Agrium, a chemical and agricultural products company, in winning FTC approval of a US$36 billion merger to form company Nutrien
  • Tapestry, a house of iconic brands, in its attempted acquisition of fashion company Michael Kors

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