David Johnson represents clients in high-stakes antitrust trials, antitrust litigation, and government antitrust investigations.
David has been an associate leader on multiple winning trial teams, including winning a defense victory in a US$500 million jury trial, and defeating both the US Department of Justice Antitrust Division and the Federal Trade Commission in antitrust trials challenging business mergers.
David’s multiple trial victories have earned him repeated recognition from AmLaw as a “Litigator of the Week” and recognition from Law360 as a “Legal Lion of the Week.”
David has defended against antitrust challenges to business combinations, and defended against antitrust claims of conspiracy, price-fixing, exclusive dealing, information sharing, monopolization, and monopsonization, among others.
David’s antitrust clients span many industries, including sports, media and entertainment, digital platforms, transportation, and agricultural products.
David has litigated cases to successful completion in both district courts and appellate courts, and has worked for both a US District Court Judge and a US Court of Appeals Judge.
Experience
David’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 to form company Nutrien
Antitrust Conduct Litigation
U.S. Soccer, the national governing body for the sport of soccer 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
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
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
Dairy Farmers of America, in a series of putative class actions alleging monopolization and monopsonization
Qualifications
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
A Latham team led by Chris Yates and Larry Buterman secured a unanimous jury verdict for the U.S. Soccer Federation in New York federal court, successfully defeating claims brought by North American Soccer League.
Leading French competition publication Concurrences selected three Latham articles from among more than 1,200 academic, business, and soft law pieces submitted globally.
Appellate opinion cements earlier multi-court successes against the US Department of Justice high-profile challenge to U.S. Sugar’s purchase of Imperial Sugar.
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