Trained in the EU and US, Daniel Bitton navigates Fortune 500 clients through antitrust litigation, government investigations and merger clearance processes across the globe. For a second consecutive year, Who's Who Legal named him one of the five "most highly regarded" Future Leaders in Competition in North America (2017 & 2018). He has also been named a Rising Star by both Super Lawyers and New York Law Journal. Daniel has earned high praise from clients for his role in resolving high-stakes competition matters, most recently including:
- Co-leading the defense and highly favorable resolution of an international cartel litigation for three companies of the Danfoss Group
- Leading efforts on behalf of Johnson Controls to secure global clearance for its $2 billion sale of Scott Safety to 3M
- Leading efforts to secure clearance from DOJ for McKesson’s $3.4 billion healthcare technology joint venture with Change Healthcare
- Leading efforts to secure global clearance for Dell Technologies’ $67 billion acquisition of EMC Corporation in 20 jurisdictions
- Negotiating and securing global clearance for Thermo Fisher Scientific’s $13.6 billion acquisition of Life Technologies (Nominated for 2014 GCR "Matter of the Year" award)
- Advising Google in its $2.35 billion sale of Motorola Home to ARRIS
- Advising Google in antitrust litigation and government investigations of its business practices across the world
- Representing Google in its $700 million acquisition of ITA Software (Winner of 2012 GCR "Merger Control Matter of the Year – Americas" award)
- Helping Tomkins plc prevail in a landmark case before the European Court of Justice about parent liability for a former subsidiary’s cartel violations (Nominated for 2013 GCR "Behavioural Matter of the Year – Europe" award)
- Litigating novel monopolization claims around misuse of patents and FDA regulations on behalf of Actavis
- Representing Take-Two before the FTC in connection with Electronic Art's $2 billion hostile tender offer for Take-Two
Clients and peers have referred to Daniel as "one of the most talented antitrust lawyers I know," "amazing at what [he does]," "an absolute pleasure to work with," "...gifted...when handling high-profile, international mergers," "He possesses excellent analytical ability with strong client skills and commercial awareness," and have called out Daniel’s "incredible work ethic," and "dedication, intensity and competence."
Prior to joining Axinn, Daniel interned at the Federal Trade Commission and served as an advisor to the Independent Post and Telecommunications Authority and the Netherlands Competition Authority, in The Hague, The Netherlands. In that capacity, he worked on matters involving bid-rigging and monopolization, as well as various regulatory matters, including disputes about fixed and mobile interconnection rates, cable-access and local loop unbundling.
- American Bar Association
- New York Bar Association
- Association of the Bar of the City of New York
- Global antitrust lead for Johnson Controls in the $2 billion sale of its Scott Safety business to 3M.
- Regular antitrust counsel to McKesson, including (among other matters) leading efforts to secure clearance for McKesson’s $3.4 billion healthcare technology joint venture with Change Healthcare (which entailed a 6+ month Second Request investigation), its $1.4 billion acquisition of CoverMyMeds, its $800 million acquisition of Medical Specialties Distributors (MSD), its $735 million acquisition of RxCrossRoads from CVS, its acquisitions of Labsco and Biologics, and the sale of its Enterprise Information Solutions business to Allscripts.
- Acted as lead global coordinating antitrust counsel to Dell Inc. in connection with its $67 billion acquisition of EMC Corporation.
Represented Danfoss A/S, Danfoss Flensburg GmbH and Danfoss LLC in a federal class action opt-out case alleging price fixing of household refrigerant compressors.
Represented H.I.G. Capital and recycled paperboard manufacturer Caraustar Industries, Inc. before the DOJ in 6+-month investigation of their $362.5 million acquisition of The Newark Group.
- Represented Thermo Fisher before the FTC in its $13.6 billion acquisition of Life Technologies. (Nominated for 2014 GCR "Matter of the Year" award.)
- Advised Google in the $2.35 billion sale of its Motorola Home division to ARRIS.
- Advised Google in litigation and government investigations of its business practices.
- Advised Tomkins plc in European Court of Justice proceeding about parent liability for alleged price fixing by a former subsidiary. The ECJ found in favor of Tomkins plc. (Nominated for 2013 GCR “Behavioural Matter of the Year – Europe” award.)
- Represented Google before the DOJ in its $700 million acquisition of ITA Software. (Winner of 2012 GCR “Merger Control Matter of the Year – Americas” award.)
- Represented Omnicare in its $700 million hostile takeover bid for Pharmerica.
- Prosecuted antitrust counterclaim for Actavis in a patent litigation. Defeated motion to dismiss on novel monopolization claims.
- Represented The Affinia Group & Wix Filtration in a multi-district price fixing class action.
- Represented Take-Two before the FTC in connection with Electronic Art's $2 billion hostile tender offer for Take-Two.
- Defended Actavis in trade dress litigation, securing a favorable settlement shortly before trial.
- Chambers USA – Up-and-Coming Lawyer (2018)
- Who’s Who Legal: Competition Future Leaders (2017, 2018)
- New York Law Journal, Rising Star (2015)
- Super Lawyers, New York Metro Rising Star (2014, 2015)
- Axinn nominated for 2014 “Matter of the Year,” Global Competition Review
- Axinn nominated for 2013 “Behavioral Matter of the Year – Europe,” Global Competition Review
- Axinn winner of 2012 “Merger Control Matter of the Year- Americas” by Global Competition Review
- Axinn Launches California Office, Bringing Elite Antitrust and IP Practices to West Coast
- Who's Who Legal Recognizes Seven Axinn Attorneys
- Chambers USA Recognizes Eight Axinn Partners
- Axinn helps Johnson Controls Secure Global Antitrust Clearance for its $2 billion Sale of Scott Safety to 3M
- Who's Who Legal Recognizes Seven Axinn Attorneys
- Axinn Represents Johnson Controls International in the $2 Billion Sale of its Scott Safety Business to 3M
- GCR Nominates Axinn for Litigation of the Year, Deal of the Year and Dealmaker of the Year
- Axinn Represents McKesson in its $1.4 Billion Acquisition of CoverMyMeds LLC
- Axinn Secures Antitrust Clearance for McKesson’s Transaction with Change Healthcare to Form $3.4 Billion New Healthcare Information Technology Company
- Axinn Obtains Dismissal of Portion of Treble-Damages Claim for Danfoss Group Companies
- Axinn Represents Dell in $60 Billion Acquisition of EMC
- Axinn Represents McKesson in Transaction with Change Healthcare to Form New Healthcare Information Technology Company
- Axinn Featured as an “Elite” Firm by GCR
- Axinn Obtains FTC Clearance for Dell’s $67B Acquisition of EMC
- Axinn is Lead Antitrust Counsel in Dell’s $67B Acquisition of EMC
- Axinn Attorneys Named in Super Lawyers 2015
- Daniel Bitton Named 2015 Rising Star by New York Law Journal
- Alcatel/Nokia Taking Slow and Steady Approach to Seek Approvals, Source Says
- Axinn Nominated for Global M&A Deal of the Year by Atlas Awards
- Axinn Obtains Antitrust Clearance for Caraustar Industries’ Acquisition of The Newark Group
- Axinn Attorneys Named in Super Lawyers 2014
- FTC Approves Final Order for Thermo Fisher's $13.6 Billion Acquisition of Life Technologies
- Axinn Obtains Global Antitrust Clearance for Thermo Fisher Scientific Inc.’s $13.6 billion Acquisition
- Axinn welcomes FTC veteran, promotes in New York
- Axinn Promotes Daniel Bitton and Stacie Ropka
- ECJ dismisses DG Comp copper appeal
- Tomkins PLC Win in the European Court of Justice
- Axinn winner of “Merger Control Matter of the Year- Americas” by Global Competition Review
- Axinn Represents Omnicare Inc. in Proposed Acquisition of PharMerica Corp.
- Axinn Represents Google in its $700 Million Acquisition of ITA
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- Concentrated Benefits and Dispersed Costs Rent-Seeking by Incumbents Against Innovative and Disruptive Web Based Firms, Douglas H. Ginsburg – An Antitrust Professor on the Bench Liber Amicorum Volume 1, March 1, 2018
- Navigating the Jurisdiction of American Courts, February 2018
- Transatlantisch gebruik van verklaringen: medewerkingsplicht in de EU kan leiden tot verboden zelfincriminatie in de VS (Transatlantic use of witness statements: how EU cooperation obligations can lead to violation of the Fifth Amendment), Tijdschrift Mededingingsrecht in de Praktijk, December 2017
- T-Mobile, Sprint Deal Likely Opposed By Justice Dept Staff: Sources, Reuters and The New York Times, October 12, 2017
- Merger Control in the US: Obama’s Legacy, Tijdschrift Mededingingsrecht in de Praktijk, October 2016
- Concentratiecontrole in China: een terugblik op acht jaar onder de antimonopolie wet (Merger Control in China: Looking Back at Eight Years of Enforcement Under the Anti-Monopoly Law), Tijdschrift Mededingingsrecht in de Praktijk, October 2016
- Antitrust in the Age of Amazon, The New York Times, May 12, 2016
- Syngenta to Face Multi-Layered Security Review, The Deal, February 4, 2016
- Heisenberg’s Uncertainty Principle, Extraterritoriality and Comity, Fall 2015
- Media General, Meredith Looking To Make Swaps, The Deal, September 9, 2015
- Orbtiz/Expedia Antitrust Review Attracts Small Hotel Chains, Industry Sources Say, Dealreporter, July 28, 2015
- Alcatel/Nokia Early Termination Reflects Changing Telecoms Market – Sources, Dealreporter, June 19, 2015
- Alcatel/Nokia Taking Slow and Steady Approach to Seek Approvals, Source Says, Dealreporter, April 24, 2015
- DOJ Probes of Industry M&As Remain Lengthy, Intensive But Companies Don’t See a Roadblock, PPI Pulp & Paper Week, March 13, 2015
- FTC Economist: Big Data Only One Factor for Online Success, Global Competition Review, June 11, 2014
- US clears Facebook/WhatsApp with warning over privacy, Global Competition Review, April 11, 2014
- Wright calls for equal burdens of proof in Ardagh dissent, Global Competition Review, April 4, 2014
- Jos A Bank could use FTC review to scupper takeover, Global Competition Review, February 5, 2014
Price signaling krijgt hernieuwde aandacht van handhavers in EU en VS (Price signaling attracting attention from enforcers in the EU and US), Tijdschrift Mededingingsrecht in de Praktijk 2014, pp. 14-19, Daniel S. Bitton & Tim Hirsch, Sdu Uitgevers
- Prijsklem geen zelfstandige overtreding van het Amerikaanse mededingingsrecht (Price squeeze not an independent violation of U.S. antitrust law), Actualiteiten Mededingingsrecht 2009, pp.106-09, Daniel S. Bitton, Sdu Uitgevers
- Het voorstel van de Commissie voor schikkingen in kartelzaken (The European Commission's Proposal For Settlement Procedures In Cartel Cases), Actualiteiten Mededingingsrecht 2008, pp. 17-21, Barbara Nijs & Daniel S. Bitton, Sdu Uitgevers
Amerikaans Hooggerechtshof maakt het brengen van antitrust claims hoogdrempeliger (U.S. Supreme Court Raises Pleading Standards for Antitrust Claims), Actualiteiten Mededingingsrecht 2007, pp. 141-44, Daniel S. Bitton, Sdu Uitgevers
- Discovery, Treble Damages en Class Actions: wil de EG wetshandhaving door bounty hunters? (Discovery, Treble Damages and Class Actions: does the EU want law enforcement by bounty hunters?), Actualiteiten Mededingingsrecht 2006, pp. 94-100, Daniel S. Bitton, Sdu Uitgevers
- Telecommunicatiewet niet van toepassing op indirecte interconnectie (Netherlands Telecommunications Act Fails to Regulate Indirect Interconnection), Actualiteiten Mededingingsrecht 2003, pp. 107-09, Daan Bitton, Sdu Uitgevers
- Telecommunicatierecht in beweging (Recent Developments in Netherlands Telecommunications Law), Actualiteiten Mededingingsrecht 2003, pp. 76-82, Daan Bitton & Robbert Mahler, Sdu Uitgevers
- Comp Law: Mergers: Vertical Mergers, Innovation & Other Non-Price Considerations
- ABA Program: "Monopoly Leveraging: Is It Making A Comeback?"
- The Capitol Forum - Antitrust Law Leaders Interview Series
- Aspen Skiing: Do You Have to Have Danced Before?
- GCR Live Antitrust Litigation USA
- Antitrust Enforcement in China
- Antitrust Practice Workshop: The Big Deal
- Extraterritoriality of Antitrust Law in the US and Abroad: A Hot Issue
- Daniel Bitton to Speak on China's Merger Reviews Under the Anti-Monopoly Law
- LLM – New York University School of Law (2004) Stibbe full scholarship and Noorthey scholarship
- University of California Berkeley School of Law, Visiting Student (2000)
- MA, Netherlands Law – Free University (2001)
- New York
- US District Court Eastern District of New York
- US District Court Southern District of New York
- US District Court Northern District of California
- US District Court Eastern District of Michigan
- US Supreme Court
"Daniel Bitton impresses with his 'practical approach and in-depth knowledge' of competition law"
– Who's Who Legal 2018
"His handling of the multi-jurisdictional antitrust filings in Dell-EMC was the most efficient that I have seen."
– Who's Who Legal 2018
"A smart guy" and "a fine lawyer."
– Chambers USA 2018