333 South Grand Avenue, Los Angeles, CA 90071-3197 USA
Avenue Louise 480, 1050 Brussels, Belgium
Daniel G. Swanson is a partner in Gibson, Dunn & Crutcher LLP, with offices in Los Angeles and Brussels. Mr. Swanson has been a trial and appellate litigator for over 30 years, and has Co-Chaired Gibson Dunn’s highly-regarded Antitrust and Competition Practice Group since 1996. His practice focuses on U.S., U.K., EU and international antitrust and competition law, including trial and appellate litigation, class actions, criminal investigations and cartel defense, merger review and government civil investigations, regulatory and competition policy matters, and antitrust counseling.
Mr. Swanson is a member of the California and Brussels Bars, and is a solicitor of England and Wales and of the Republic of Ireland. He graduated magna cum laude from Harvard Law School in 1984 and holds a Ph.D. in economics from Harvard University, where he was a Harvard Teaching Fellow. He is admitted to practice before the United States Supreme Court, the Federal Circuit and the Second, Third, Fourth, Fifth, Sixth, Ninth and Tenth Circuits. He is also qualified to appear before the Courts of the European Union.
Chambers USA has reported that “Daniel Swanson has a vast amount of antitrust expertise covering everything from merger investigations to civil and criminal litigation” and has described him as “a highly regarded trial lawyer with a wealth of experience” and as “a ‘tough opponent’ in civil and criminal litigation, alleged cartel matters and IP-related issues.” Who’s Who Legal comments that “Daniel Swanson is a leading competition litigator whose ‘economics PhD is part of what makes him an outstanding attorney,’” and who “scores very highly for his ‘tenacious and persuasive’ litigation practice across a wide range of competition matters.” The Legal 500 places him in a small group of Leading Lawyers for U.S. antitrust and class action litigation. The Institutional Investor’s Benchmark Litigation Guide ranks Mr. Swanson as an Antitrust “Litigation Star,” and he has been listed as one of the Best Lawyers in America in both Antitrust Law and Antitrust Litigation. He has twice been named Best Lawyers’ Antitrust Law “Lawyer of the Year” for Los Angeles, most recently in 2016.
Mr. Swanson frequently represents clients in connection with antitrust grand jury investigations, and with regard to amnesty, leniency and immunity applications in the United States and the European Union, U.K., Canada, Japan, Australia, and Latin America, including more than 25 international cartel investigations during the last 15 years. Mr. Swanson has served as a Non-Governmental Advisor (NGA) to the Cartels Working Group of the International Competition Network (ICN) and has participated in Annual ICN Meetings in Cape Town, South Africa, Sydney, Australia and Singapore. In 2010, he was invited as part of a joint IBA-ABA delegation to advise the Competition Commission of India on “best practices” in cartel enforcement.
Mr. Swanson’s litigation practice has encompassed virtually every aspect of antitrust and competition law. He has litigated claims of alleged price fixing, monopolization and market dominance, predation, leveraging, bundling, standard setting, tying, exclusive dealing, group boycotts, refusals to deal, and price discrimination, among others, and has handled scores of class action lawsuits (e.g., In re Electronic Books Antitrust Litigation, In re Air Cargo Shipping Services Antitrust Litigation, In re Interest Rate Swaps Antitrust Litigation, In re Rubber Chemicals Antitrust Litigation, In re Monochloroacetic Acid Antitrust Litigation, In re Fresh and Process Potatoes Antitrust Litigation, In re Hydrogen Peroxide Antitrust Litigation, In re Polyurethane Foam Antitrust Litigation; In re Automotive Refinishing Paint Litigation, In re Airline Ticket Commission Antitrust Litigation).
Mr. Swanson also counsels clients on mergers, acquisitions and joint ventures, and handles merger-clearance matters before the FTC, DOJ, CMA and European Commission, and represents clients in merger‑related civil litigation.
As a fully-qualified EU member state practitioner, as well as a U.S. lawyer, Mr. Swanson is regularly called upon to handle international antitrust and competition matters for U.S., U.K., European, Canadian, Asian and Latin American clients. He is Vice Chair of the Antitrust Committee of the International Bar Association, and served on the Editorial Board of the IBA’s publication Competition Law International from 2007-2012. He previously 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). He teaches antitrust law at the LSIW Program of the Executive School of Management, Technology and Law of the University of St. Gallen, Switzerland. He is a member of the Competition Section of the Law Society of England and Wales. He has served in the past as a member of Gibson Dunn’s International Management Committee.
Mr. Swanson regularly handles antitrust and competition matters involving patents, copyrights and other intellectual property rights and was asked to testify about standard setting 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), on which the U.S. Supreme Court relied in Illinois Tool Works v. Independent Ink, 547 U.S. 28 (2006). Mr. Swanson has also served as a Non-Governmental Advisor (NGA) to the ICN Unilateral Conduct Working Group in its work focused on monopolization and dominance law.
Mr. Swanson has broad litigation and counseling experience in a wide variety of communications, media and entertainment fields. He has frequently represented motion picture industry clients in antitrust litigation, government investigations, M&A transactions, and counseling matters. Mr. Swanson also regularly advises and litigates on behalf of cable television industry clients. He has also handled antitrust matters involving online commerce, the music industry, broadcast television, telecommunications, social media, game publishing, radio broadcasting, newspaper publishing, e-book retailing, art auctions and advertising.
Mr. Swanson is a regular speaker on antitrust and competition 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.
In addition to his antitrust work, Mr. Swanson has acted for clients in a wide variety of non-competition-related commercial matters and business disputes, involving areas such as contracting, franchising, licensing, advertising and insurance.
Mr. Swanson’s major representations include the following:
Harvard University - 1985 Doctor of Philosophy
Harvard University - 1984 Juris Doctor
Harvard University - 1984 Master of Economics
University of California - Berkeley - 1979 Bachelor of Arts
Belgium - Flemish Bar - Registered Foreign Lawyer
England & Wales - Solicitor
Ireland - Solicitor