Daniel (Dan) Oakes guides clients through a host of challenging competition issues, including complex multidistrict and class action litigation, high-stakes criminal and other governmental investigations, and merger analysis amid the ever-changing landscape of antitrust law.

Recognized as a leading antitrust practitioner by The Legal 500 United States, Dan takes a client-centered, analytical approach to defending companies and individuals against a range of Sherman Act Section 1 and Section 2 claims, including cartel, monopolization, no-poach, and other conspiracy allegations, as well as state competition claims.

Dan advises clients in criminal investigations by the US Department of Justice (DOJ), the Competition Bureau of Canada, and the European Commission and regularly responds to civil demands by the DOJ and Federal Trade Commission (FTC). He has helped to persuade authorities to close investigations without taking enforcement action, and has also helped clients through the process of securing leniency protection.

Additionally, Dan has counseled many clients on a wide range of issues including analysis of potential mergers, transactions, business practices, and antitrust compliance. In mergers, Dan has coordinated responses to several second requests. He has also represented multiple clients in responding to government and third-party subpoenas and navigating merger litigation.

With an ability to pivot with precision when dynamic complexities arise, Dan represents clients across a broad range of industries, including food and beverage, defense, technology, advertising, distribution, agriculture, pharmaceuticals, automobile parts, healthcare, and insurance. He leverages his past work experience as a managing analyst at consulting firm Compass Lexecon to craft legal arguments that are backed by a thorough economic analysis of the competitive landscape of these sectors.

Professional Activities

• American Bar Association, Section of Antitrust Law, Economics Committee and Cartel and Criminal Practice Committee
• J. Reuben Clark Law Society, Mid-Atlantic Region Board (2022 – Present)

Experience

• Defending Tyson Foods Inc. in a consolidated treble-damages class action case alleging industrywide conspiracy to manipulate the price of broiler chicken in the Northern District of Illinois.
• Representing three employees in a criminal no-poach investigation of a major defense contractor.
• Conducting a confidential internal investigation on behalf of a major multinational consumer packaged food and beverage company.
• Representing an executive of a national healthcare company in a DOJ no-poach investigation.
• Obtained summary judgment on behalf of the University of Pittsburgh Medical Center (UPMC) in a case alleging conspiracy and monopolization in the Western District of Pennsylvania, affirmed by the United States Court of Appeals for the Third Circuit.
• Represented Nishikawa Rubber Company in an auto parts criminal investigation and automotive parts class action multidistrict litigation (MDL) in the Eastern District of Michigan.
• Represented Thermo Fisher Scientific Inc. in its $13.6 billion acquisition of Life Technologies Corp. The deal was shortlisted for Global Competition Review’s 2014 “Matter of the Year” award.
• Represented pharmaceutical clients through FTC pay-for-delay investigations, which ultimately closed without enforcement action.
• Represented a company as the leniency applicant in a criminal investigation involving an alleged no-poach agreement between the company and a competitor.
• Represented international data aggregation and analytics provider in FTC investigation regarding electronics distribution.
• Conducted internal investigations in industries ranging from agriculture, consumer goods, to health care and manufacturing for issues including price fixing, labor-market collusion, and fraud.
• Represented divestiture monitor in FTC settlement of merger between Hertz / Dollar Thrifty.
• Represented M. Holland Company in its acquisition by Ravago Group.

Honors

• The Legal 500 United States – Antitrust Cartel (2023)
• The Legal 500 United States – Civil Litigation/Class Actions: Defense (2022)
• Global Competition Review, on the team shortlisted for “Litigation of the Year – Cartel Defence” for its work on behalf of Nishikawa Rubber Company in the Auto Parts litigation (2018)
• Global Competition Review, on the team shortlisted for “Matter of the Year” for its work on behalf of Thermo Fisher Scientific in its $13.6 billion acquisition of Life Technologies Corp. (2014)
• Who’s Who Legal: Competition Future Leaders (2023)

News

• Who's Who Legal Recognizes Ten Axinn Attorneys
• Axinn’s Antitrust Practice Nationally Ranked by The Legal 500 United States for 2023
• Axinn’s Antitrust Practice Nationally Ranked by The Legal 500 United States for 2022
• Axinn Promotes Daniel Oakes and Craig Reiser to Partner, Kenina Lee and David Pearl to Counsel
• Third Circuit Denies Appeal Against Axinn Client UPMC
• Axinn Promotes Bradley Justus to Partner, Dan Oakes and Jarod Taylor to Counsel
• Summary Judgment Motion Granted for Axinn Client UPMC
• Axinn Receives GCR Award Nomination for Cartel Representation
• Axinn Nominated for Global M&A Deal of the Year by Atlas Awards
• 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
• View More ›

Thought Leadership

• Losing Per Se: Potential Fallout From the US Department of Justice’s No-Poach Enforcement, Concurrences Review: No-Poach Agreements – Closing the Enforcement Gap, November 24, 2023
• No Harm Means No Agreement, Acquitted No-Poach Defendants Say, GCR, March 24, 2023
• Antitrust Cartel Leniency and Sentencing Handbook, American Bar Association, March 15, 2023
• Shift in Health Care Antitrust Prosecutions is Likely, Law360, February 7, 2023
• DOJ: Cartel Used Violence to Monopolise Car Shipping Business, Global Competition Review, December 7, 2022
• Criminal Monopolization Plea Fuels DOJ Antitrust Mandate, Law360, November 1, 2022
• Bringing Light to the DOJ’s Cartel Fine Methodology with the Auto Parts Plea Agreements, The Antitrust Bulletin, December 1, 2018
• Connecting the Dots: Tracing the DOJ’s Inclusion of Indirect Commerce in Auto Parts Criminal Penalties, ABA Antitrust Magazine, July 20, 2018
• Eurotunnel and the Short Sea Battle Between the French and the English: A U.S. Perspective, Revue Concurrences N° 1-2014, Art. N° 62589 (with Daniel K. Oakes), February 2014
• Inching Toward Balance: Reaching Proper Reform of the Alaska Native Corporations, Contracting Preferences, Spring 2013

Events

Education

• JD, with Honors – The George Washington University Law School (2011)
• BA – Brigham Young University (2005)

Admissions

• California
• District of Columbia
• US District Court District of Columbia
• US District Court Eastern District of Michigan
• US Court of Appeals for the District of Columbia Circuit