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.

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

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