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Daniel Francis

Counsel

Daniel Francis is counsel in the firm’s Washington, DC, office.  Daniel’s practice includes all aspects of US and European Union antitrust representation and merger review, as well as complex commercial litigation at the trial and appellate level.

Daniel handles antitrust and merger matters in both the United States and the European Union for domestic and multinational firms, and represents clients before the US Department of Justice, the Federal Trade Commission, and the European Commission. He also litigates a wide range of antitrust cases and complex commercial matters in state and federal courts throughout the United States. Daniel has particular experience in the defense, energy, entertainment, and pharmaceutical sectors and in high-technology markets.  He counsels clients of all kinds on proposed conduct, competitor collaborations, and strategic acquisitions.

Before entering private practice, Daniel taught a course in European Union law and political history at Harvard College.

Selected Experience

  • Defended major aerospace company in antitrust action and parallel FTC investigation challenging exclusive dealing agreement; litigation was voluntarily dismissed by the plaintiff, and investigation was terminated by the FTC.
  • Represented major national trade association as amicus curiae in reverse settlement antitrust litigation in federal Courts of Appeal and the US Supreme Court.
  • Defended major energy company in multi-state investigations and litigation alleging fraud, unjust enrichment, and false claims; matters were settled on favorable terms.
  • Defended global beverage company in putative class action alleging negligence, nuisance, and trespass related to emissions from company facilities; case was voluntarily dismissed by the plaintiff.

Selected Publications

  • “Including Exclusion in the 2010 Horizontal Merger Guidelines”, The Antitrust Source, co-authored (October 2010)
  • “Exclusion, Invasion and Abuse; Competition Law and its Constitutional Context”, Cambridge Yearbook of European Legal Studies (Vol. 12, 2009-2010)
  • Chapter on “Merger Control in the Telecommunications Sector”, EC Competition and Telecommunications Law, 2nd edition (Kluwer Law International), co-authored (May 2009)

Teaching Engagements

  • Guest Lecturer, Transatlantic Perspectives on Merger Control, College of William & Mary School of Law, April 2010
  • Guest Lecturer, Wise Restraints? The Constitutional Nature of Competition Law, Cambridge University, October 2009
  • Guest Lecturer, American and European Solutions Compared: A Transatlantic View of Merger Control, College of William & Mary School of Law, April 2009 
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Education

  • Harvard Law School, LL.M., 2007
  • Trinity College, University of Cambridge, MA, Law, 2006

Admissions/Qualifications

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