David Evans focuses principally on antitrust and competition law, including mergers and acquisitions, civil litigation, government investigations and counseling.  He has experience in a range of industries, including electronic commerce, computer hardware and software, private equity, automotive, chemicals, medical devices and defense.

David’s merger work includes extensive experience with the Hart-Scott-Rodino (HSR) premerger notification regime, as well as the second request process.  David represents a wide range of entities, from mid-cap companies engaging in their first major strategic acquisition to large funds acquiring a portfolio company’s closest competitor.  He has served both as global lead counsel and as local American counsel. David counsels not only on the substantive aspects of transactions, but also on transaction planning and negotiation.

David also has an active litigation practice.  He represents companies and funds in civil antitrust suits ranging from motions to dismiss through trial, as well as offers honed, and has proven experience in responding aggressively to third-party discovery.  In addition, David has a strong regulatory practice representing companies and individuals before the Federal Trade Commission, the Department of Justice (DOJ)/Antitrust and others, including the Federal Communications Commission on competition issues.  Moreover, David is skilled in advising companies that face competition investigations by foreign competition enforcers including not only in the west, but also in the Middle East and Latin America.

An outstanding advocate and effectual negotiator, David is valued for his innate ability to identify the core issues his clients face, as well as for his responsiveness and meticulous attention to detail.  He is appreciated by clients, colleagues and regulators alike not only for his in-depth understanding of antitrust and competition laws, but also for his straightforward communication style, which manifests in his ability to create immediate rapport, establish credibility, build trust and resolve the problem at hand.

Highlights

Essential Facilities:  A competitor demanded free access to our client’s network.  Won a motion to dismiss with prejudice in the U.S. District Court, and the appeal to U.S. Circuit Court and petitions for cert. to the Supreme Court.

Private Equity Bid Rigging:  Private plaintiffs alleged that private equity firms engaged in a bid rigging conspiracy to depress acquisition price of the target in a contest for control.  Won on two motions to dismiss, the last with prejudice, and shut down the DOJ investigation.

Network Provider Merger:  Merger of two large network providers.  Represented the acquiring person through an arduous second request in the United States and before several foreign agencies with local counsel.

Litigation

Federal Trade Commission v. Sysco (third party)

Loren Data v. GXS (essential facilities)

Puerto Rico Telephone Co. v. San Juan Cable (Noerr-Pennington)

Pennsylvania Avenue Funds v. Borey (private equity bid rigging)

Federal Trade Commission v. Whole Foods (third party)

Mayer Labs v. Church & Dwight (monopolization, third party)

United States v. SKW Metals & Alloys (criminal price fixing)

In re Ferrosilicon Antitrust Litigation (civil price fixing)

In re Brand Name Prescription Drugs (civil price fixing)

KCI v. Hillenbrand (monopolization)

Mergers, Acquisitions and Joint Ventures

Akorn Pharmaceuticals/HiTech Pharmacal (generic drugs)

GXS/OpenText (electronic commerce)

GXS/Inovis (electronic commerce; States, U.K.)

GXS/IBM (electronic commerce; States, U.K.)

GXS (various)

GDF Suez/International Paper (Abu Dhabi)

Avid Technology (various)

TUI AG (various)

Francisco Partners (various)

Toyota/General Motors–NUMMI

Toyota/General Motors–Hydrogen Vehicle Joint Venture

Toyota (various)

World Fuel (various)

Rheinmetall AG/Alliant TechSystems (joint venture)

Bayer AG/Sybron Chemicals

Bayer AG/Sun Chemicals

Federal Mogul/FelPro

Counseling/Markets

Private equity (deals, organization, minority interests, investigations): medical devices; generic and branded pharmaceuticals; automotive manufacturing and distribution; automotive supply; electronic commerce; software; specialty audio/visual products; banking; steel additives; dental supply; logistics; heavy industry; postal services; transportation; trade associations; travel and leisure; chemicals; books and electronic books; project finance; cosmetics; and petroleum products sales and distribution.

Pro Bono

American Bar Association, Section of Antitrust Law Council (2005–2008)

American Bar Association, Section of Antitrust Law Computer and Internet Committee (2002–2005)

American Bar Association, Section of Antitrust Law chair of the Internet Committee, co-chair (1999–2002)

American Bar Association, Section of Antitrust Law Consumer Protection Conference, co-chair (2007)

American Bar Association, Section of Antitrust Law Consumer Protection, coordinator (2006–2008)