David A. Higbee


David Higbee is co-head of the Global Antitrust Group. His practice focuses on antitrust government and internal investigations, merger review and complex litigation matters. He has represented clients in varied industries including defense, oil and gas, financial services and technology. David works regularly on matters before the Federal Trade Commission and the Antitrust Division of the US Department of Justice.

David previously served at the Department of Justice as Deputy Assistant Attorney General and Chief of Staff of the Antitrust Division. In that capacity, he advised the Assistant Attorney General on all matters related to the enforcement of the US antitrust laws and oversaw investigations, civil litigation, and criminal prosecutions. At the Department of Justice, David also served as Deputy Associate Attorney General, and as Counsel to the US Attorney General and White House Liaison. He was designated a Special Assistant US Attorney. David recently led transition planning for the Antitrust Division during the change in Administrations.

David also served at the White House under President George W. Bush as Special Assistant to the President and Associate Director for Presidential Personnel, advising the President on the appointment of senior officials throughout the Executive branch.

Selected Experience

  • Government investigations. David regularly represents clients in criminal and civil investigations by the Department of Justice and state Attorneys General in various industries, including energy, pharmaceutical, chemical, technology, agricultural, consumer retail, media, entertainment,hospitality, gaming, defense, and financial services.
  • Corporate internal investigations. David has conducted internal investigations into antitrust, securities, data security, OFAC, export control and foreign corruption matters.
  • Merger review and counseling. David represents clients on merger matters before the Department of Justice and the Federal Trade Commission, and has provided advice and advocacy regarding the CFIUS process. He regularly provides antitrust analysis and strategic merger counseling to clients.
  • Litigation. David has represented clients in civil and criminal litigation in antitrust and commercial matters.
  • Compliance. David has developed antitrust and anti-corruption compliance programs for clients and conduct compliance training for executives.

Selected Publications

  • USA chapter of The International Comparative Legal Guide to Cartels & Leniency, co-authored (2012, 2011, 2010)
  • “Merger Control: Overview of Activity in the Asia-Pacific Region”, GCR The Asia-Pacific Antitrust Review (2011, 2010)

Speaking Engagements

  • “E-Books Opinion: Summer Beach Read or Enduring Classic?”, panelist, Economics and Joint Conduct Committees, ABA Section of Antitrust Law Spring Meeting (March 2014)


  • George Mason University Antonin Scalia Law School, J.D., 1996
  • Brigham Young University, BS, Accounting, 1993


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