Daniel Francis is counsel in the Antitrust practice.
He focuses on all aspects of U.S. 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 U.S. 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.
- 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 U.S. 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.
- Defended major automotive supplier in criminal antitrust investigation by the U.S. Department of Justice.
- Represented two defendants in an appeal to the DC Circuit of a jury verdict on an antitrust action brought by health insurers alleging input foreclosure in markets for anti-anxiety drugs.
- Advised Amadeus IT Group in relation to Lufthansa’s Preferred Fares Program under EU law.
- Defended major building products supplier in antitrust action alleging a conspiracy to reduce supply and to fix prices; case was settled on favorable terms.
- Represented global retailer in an FTC investigation; investigation was closed with a settlement on favorable terms.
- Represented global media company in an FTC investigation; investigation was closed without action.
- Represented Rail Cargo Austria before the European Commission in a merger to create the third-largest rail freight provider in the European Union.
- Represented Delta Air Lines in its merger with Northwest Airlines.
- Represented Drugtest, Inc. (“DISA”) in a multi-defendant, nationwide class action alleging a wide range of antitrust violations under Sections 1 and 2 of the Sherman Act; case was dismissed on the pleadings.
- Defended leading global payments solutions company against putative class action brought by merchants alleging price-fixing, exclusive dealing, tying, and monopolization claims.
- Represented multinational corporations in antitrust investigations and merger proceedings before the U.S. Department of Justice, U.S. Federal Trade Commission and European Commission.
- Conducted internal investigations into compliance with all aspects of antitrust law.
Harvard Law School
Trinity College, Cambridge
- District of Columbia
- New York
- Brussels (membre associé)
- Member, Section of Antitrust Law, American Bar Association
Awards & Accolades
- E. Randolph Williams Award for Outstanding Pro Bono Service (2009, 2010)
- Certificate of Distinction in Teaching, Harvard University (2007)
- Oralist (Grand Finalist), Harvard Law School ELMC Moot Court Team (2007)
- Henry A. Hollond Scholar, Harvard Law School (2006-2007)
- Lizette Bentwich Prize, Trinity College, University of Cambridge (2004, 2005, 2006)