Daniel G. Swanson is a partner in Gibson, Dunn & Crutcher LLP, with offices in Los Angeles and Brussels. Mr. Swanson is a member of the California Bar and received his law degree
magna cum laude from Harvard Law School in 1984. Mr. Swanson also holds Ph.D. (1985) and Masters (1984) degrees in economics from Harvard University, where he also served as a Harvard Teaching Fellow. He received a Bachelor of Arts degree in economics and political science with highest honors from the University of California at Berkeley in 1979.
Mr. Swanson has Co-Chaired Gibson Dunn's Antitrust Practice Group since 1996 and specializes in domestic and international antitrust and competition law, including counseling, internal investigations, and civil and criminal litigation. He has had an active antitrust litigation and appellate practice for more than 20 years, dealing with antitrust issues in trial and appellate courts throughout the United States involving a wide array of industries and businesses. He is admitted to practice before the United States Supreme Court, the Federal Circuit and the Second, Third, Fourth, Fifth, Ninth and Tenth Circuits. Mr. Swanson also represents clients in connection with mergers, acquisitions and joint ventures, including merger-clearance matters before the FTC, DOJ, and European Commission, and merger-related civil litigation.
Mr. Swanson's name appears in the major publications that rank the world's leading antitrust lawyers. He has been described as a "'world-class' practitioner" and "a 'tough opponent' in civil and criminal litigation, alleged cartel matters and IP-related issues" in
Chambers USA's America's Leading Business Lawyers, and has been identified as a leading antitrust specialist in
Global Competition Review's Who's Who of Competition Lawyers ,
Euromoney Legal Group's Guide to the World's Leading Competition and Antitrust Lawyers,
Mondaq's Guide to Leading Competition Attorneys and
Practical Law PLC's Which Lawyer?
Mr. Swanson's practice has encompassed virtually every aspect of antitrust law under the Sherman Act, the Clayton Act, the Robinson-Patman Act, the FTC Act, and state antitrust and unfair competition law. He has litigated claims of alleged monopolization, predation, leveraging, bundling, tying, exclusive dealing, price fixing, group boycott, refusal to deal. collusion, and price discrimination, among others, and has handled scores of class action lawsuits in state and federal court throughout the United States (
e.g., In re Air Cargo Shipping Services Antitrust Litigation,
In re Rubber Chemicals Antitrust Litigation, In re Monochloroacetic Acid Antitrust Litigation, In re Hydrogen Peroxide Antitrust Litigation, In re Automotive Refinishing Paint Litigation, In re Airline Ticket Commission Antitrust Litigation).
Mr. Swanson regularly handles international antitrust matters for U.S., European, and Asian clients, is a member of Gibson Dunn's International Management Committee and frequently works out of its Brussels office. He has served as Co-Chair of the ABA Antitrust Section's International Committee (2002-06) and as Editor-in-Chief of the Antitrust Section's First Supplement to Competition Laws Outside the United States (2005) . Mr. Swanson is also active in the Antitrust Committee of the International Bar Association, serving on the Editorial Board of the IBA's publication Competition Law International .
Mr. Swanson frequently represents clients in connection with antitrust grand jury investigations, plea and immunity negotiations, and amnesty applications (and related activities in the European Union, Japan, Australia, Canada and Mexico), including more than a dozen amnesty/leniency matters and nearly twenty international cartel investigations during the last five years. At the invitation of the Department of Justice, Mr. Swanson served as a Non-Governmental Advisor (NGA) to the Cartels Working Group of the International Competition Network (ICN) and participated as a speaker at the 5th Annual ICN Meeting in Cape Town, South Africa in 2006.
Mr. Swanson also regularly represents technology clients in antitrust matters involving patents, copyrights and other intellectual property and was asked to testify regarding his experience in the standard-setting arena in the 2002 DOJ-FTC Joint Hearings regarding Competition and Intellectual Property Law and Policy. He is the author (with Prof. William J. Baumol) of
Reasonable and Nondiscriminatory (RAND) Royalties, Standards Selection, and Control of Market Power, 73 Antitrust L.J. 1 (2005) and
The New Economy and Ubiquitous Competitive Price Discrimination: Identifying Defensible Criteria of Market Power , 70 Antitrust L.J. 661 (2003), which the U.S. Supreme Court relied on in
Illinois Tool Works v. Independent Ink, 547 U.S. 28 (2006). Mr. Swanson also serves as an advisor (NGA) to the ICN Unilateral Conduct Working Group in its work focused on monopolization and dominance law.
Mr. Swanson also has broad litigation and counseling experience in a wide variety of communications, media and entertainment fields. He has frequently represented motion picture industry clients (such as DreamWorks, Sony Pictures, Twentieth Century Fox, MGM, the Motion Picture Association of America (MPAA), Technicolor and the Association of Motion Picture and Television Producers) in connection with various antitrust litigation, government investigation, regulatory and counseling matters. Mr. Swanson has also represented cable television industry clients (such as Cox Communications, Times Mirror Cable, National Cable Communications and Adlink) in numerous antitrust matters, including one trial victory and several summary judgments:
Thompson Everett v. National Cable Advertising , 57 F.3d 1317 (4th Cir. 1995) and
Templin v. Times Mirror Cable , 1995-1 Trade Cas. (CCH) 71,040 (9th Cir. 1995). His prior experience also includes antitrust matters involving telecommunications, the Internet, music publishing and licensing, radio, newspaper publishing, and advertising.
Mr. Swanson is a regular speaker in the U.S., Canada and Europe on antitrust topics, has appeared on CNN's Moneyline as an antitrust expert and is often quoted on antitrust matters in legal publications. He has contributed to leading antitrust journals and treatises (including Antitrust and Trade Regulation, Antitrust Law Developments, Competition Laws Outside the United States
, The
Antitrust Adviser , and the Antitrust Law Journal ) and is a member of the Board of Editors of the LexisNexis Antitrust Report . He is also a member of the American Economic Association and the American Law and Economics Society. Mr. Swanson is working on a book on antitrust law with Professor William J. Baumol (of Princeton and NYU), to be entitled Antitrust and the New Economy.
Mr. Swanson's representative matters include:
- representation on appeal of McDonald's in Abbouds' McDonald's LLC v. McDonald's Corporation, 2006-2 Trade Cas. 75,324 (CCH) (9th Cir. 2006), resulting in affirmance of summary judgment dismissal of "bid rigging" claims under Section 1 of the Sherman Act;
- representation of the Motion Picture Association of America, the Recording Industry Association, the National Football League, the Business Software Alliance, the Independent Film & Television Alliance and other intellectual property holders as amicus curiae in the Supreme Court in Illinois Tool Works v. Independent Ink, 547 U.S. 28 (2006), successfully arguing that antitrust market power should not be presumed from ownership of a patent or copyright;
- representation of Flexsys N.V. in a series of class action "indirect purchaser" price-fixing class action lawsuits (brought by the Milberg Weiss and Lerach class action firms) in over 20 states, obtaining an order denying certification of an alleged class of millions of California consumers and outright dismissals of 16 other cases;
- representation of Akzo Nobel in Latino Quimica-Amtex S.A. v. Akzo Nobel Chemicals B.V. , 2005-2 Trade Cas. (CCH) 74,974 (S.D.N.Y. 2005) (appeal dismissed with prejudice), obtaining dismissal of extraterritorial antitrust claims brought by foreign plaintiffs for lack of subject matter jurisdiction under the Foreign Trade Antitrust Improvements Act (FTAIA);
- representation of Jostens in Pocino v. Jostens , L.A. Super. Ct. No. BC310535, obtaining the dismissal (affirmed on appeal) of an alleged consumer class action asserting unfair competition and false advertising claims in connection with the on-line sale of insignia merchandise;
- representation on appeal of Jostens in Epicenter Recognition, Inc. v. Jostens, Inc., 2003-2 Trade Cas. 74,270 (CCH) (9th Cir. 2003), obtaining a complete reversal of a judgment of monopolization in violation of Section 2 of the Sherman Act;
- representation of Akzo Nobel in Coatings Resource v. Akzo Nobel , 2003-1 Trade Cas. (CCH) 73,983 (9th Cir. 2003), obtaining summary judgment (affirmed on appeal) in an alleged predatory pricing case;
- representation of American Airlines in United States v. AMR Corp. , 140 F. Supp. 2d 1141 (D. Kan. 2001), aff'd , 335 F.3d 1109 (10th Cir. 2003), in which American obtained summary judgment in an alleged monopolization and predatory pricing case brought by the U.S. Department of Justice;
- representation of Toyota at trial and on appeal of an antitrust and tort case over Lexus distribution and export policies culminating in a favorable jury verdict and a landmark decision of the California Supreme Court modernizing the state's law of tortious interference , Della Penna v. Toyota , 11 Cal. 4th 376 (1995);
- representation of a major utility at trial and in summary judgment and appellate proceedings, all resolved successfully: Vernon v. Southern California Edison , 955 F.2d 1361 (9th Cir. 1992); Anaheim v. Southern California Edison , 955 F.2d 1373 (9th Cir. 1992); Anaheim v. FERC , 941 F.2d 1239 (D.C. Cir. 1991).