Daniel G. Swanson

Co-Chair, Antitrust & Competition Practice Group at Gibson, Dunn & Crutcher LLP

Daniel G. Swanson

Daniel G. Swanson

Co-Chair, Antitrust & Competition Practice Group at Gibson, Dunn & Crutcher LLP

Biography

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 litigation. The Institutional Investor’s Benchmark Litigation Guide ranks Mr. Swanson as an Antitrust "Litigation Star," and 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:

* Lead antitrust counsel (post-trial) for Swisher in Trendsettah USA v. Swisher International (C.D. Cal. 2016), overturning $44.4 million antitrust jury verdict and winning judgment in Swisher’s favor on Section 2 monopolization and attempt claims;
* Lead counsel for Chevron U.S.A. in Persian Gulf Inc. v. BP West Coast Products (S.D. Cal. 2016), obtaining dismissal of a class action complaint alleging a price-fixing conspiracy by California gasoline refiners;
* Lead counsel for Nasdaq in a bench trial before the Chief Administrative Law Judge of the Securities and Exchange Commission in In the Matter of the Application of Securities Industry and Financial Markets Association (Initia

Overview
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Co-Chair, Real Estate Investment Trust Practice at Gibson, Dunn & Crutcher LLP

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Co-Chair, Litigation Practice Group at Gibson, Dunn & Crutcher LLP

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Chair, Crisis Management Practice Group at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Daniel G. Swanson
Co-Chair, Antitrust & Competition Practice Group at Gibson, Dunn & Crutcher LLP
Education
Ph.D. in Economics
Class of 1985

Harvard Business School (HBS) is the graduate business school of Harvard University in Boston, Massachusetts, United States. The school offers a large full-time MBA program, doctoral programs, and many executive education programs. It owns Harvard Business School Publishing, which publishes business books, leadership articles, online management tools for corporate learning, case studies, and the monthly Harvard Business Review.

J.D., magna cum laude
Class of 1984

Harvard Law School offers an energetic and creative learning environment, a diverse and dedicated faculty—whose expertise spans a broad array of legal subjects—and a student body that comes from every state in the U.S. and more than 70 countries around the world. Approximately 1,900 students attend HLS each year: 1,680 J.D. students, 160 LL.M. students, and 50 S.J.D. candidates. The faculty includes more than 100 full-time professors and more than 150 visiting professors, lecturers on law, and instructors. The curriculum features more than 260 courses and seminars that cover a broad range of traditional and emerging legal fields. A Harvard Law education prepares students for success in law practice, business, public service, teaching, and more. Most HLS students are pursuing a J.D. (Juris Doctor) degree, while many others are earning an LL.M. (Master of Laws) or the S.J.D. (Doctor of Juridical Science). Harvard Law School also offers many joint degree programs, coordinated programs, and concurrent degree opportunities with other schools within Harvard University. The Law School community is also home to numerous research programs and engaging publications, including books, scholarly periodicals, newsletters, and a weekly student newspaper.

Bachelor of Arts
Class of 1979

University of California Berkeley National rankings: In a National Research Council analysis of 212 doctoral programs at American universities, 48 Berkeley programs place among the top 10 nationwide. Faculty awards and honors: There are 8 Nobel Laureates, 32 MacArthur Fellows, and 4 Pulitzer Prize winners among the current faculty. History of UC Berkeley: Historical highlights, arranged by topic, following the campus's development — from UC's founding in 1868 to a turn-of-the-century building boom, a research explosion in the 1930s, the Free Speech Movement of the '60s, and Berkeley's key role today in science and technology revolutions. Timeline of discoveries and contributions by UC Berkeley scholars. Traditions of Cal: Who was the Angel of Death? What's with the "Big C" up there in the hills — and why is it sometimes green? Who wears Oski's jolly bear head and size 54 yellow sweater? Tours and webcams: Check out what's happening on Sproul Plaza, the campus's true heart. See stunning live views of the Bay Area from the Lawrence Hall of Science's perch in the Berkeley hills. Chancellor and administration: Information on Chancellor Robert Birgeneau, Executive Vice Chancellor and Provost George W. Breslauer, and how the university is organized. Organizational charts are included. UC System overview and links: On the campuses, laboratories, and medical centers that comprise UC's public educational system, as well as UC's K-12 partnerships, economic impact, and agriculture and environmental resources.

Memberships
Member
Current

The American Economic Association (AEA) is a learned society in the field of economics, headquartered in Nashville, Tennessee. They publishes one of the most prestigious academic journals in economics: the American Economic Review. The AEA was established in 1885 in Saratoga, New York by younger progressive economists trained in the German historical school, including Richard T. Ely, Edwin Robert Anderson Seligman and Katharine Coman.

Member
Current

The International Bar Association (IBA), established in 1947, is the world's leading organization of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership of more than 50,000 individual lawyers and over 200 bar associations and law societies spanning all continents. it has a considerable expertise in providing assistance to the global legal community.

Member, Competition Section
Current

The Law Society is the professional association that represents and governs the solicitors' profession in England and Wales. It provides services and support to practising and training solicitors as well as serving as a sounding board for law reform. Members of the Society are often consulted when important issues are being debated in Parliament or by the executive. The Society was formed in 1825.

Career History
Co-Chair, Antitrust & Competition Practice Group
Current

Gibson, Dunn & Crutcher LLP provides legal services. The firm provides services in areas such as labor, employment, entertainment & media law, toxic torts and other environmental matters. Its clients include commercial & investment banks, government entities, individuals and startups. The company was founded in 1890 and is headquartered in Los Angeles, CA.

Teaching Fellow
Prior

The oldest corporation in the Western Hemisphere is the Harvard Corporation, known formally as the President and Fellows of Harvard College. It is the smaller of Harvard’s two governing boards; the other is the Board of Overseers. Following are the members of the Harvard Corporation.

Non-Governmental Advisor to the Cartels Working Group
Prior
Boards & Committees
Member, International Management Committee
Prior

Gibson, Dunn & Crutcher LLP provides legal services. The firm provides services in areas such as labor, employment, entertainment & media law, toxic torts and other environmental matters. Its clients include commercial & investment banks, government entities, individuals and startups. The company was founded in 1890 and is headquartered in Los Angeles, CA.

Political Donations
$500
2012

Former President of United States

$500
2011

Former Senator from Utah

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CVC Advisers Ltd., XSYS Print Solutions Winterbach GmbH purchase Flint Ink Corp.

Awards & Honors
Admitted to the California Bar
Admitted as a Solicitor in England and Wales
Admitted to the Brussels Bar
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