Daniel Oakes's practice focuses on criminal antitrust investigation, antitrust litigation, merger analysis, and antitrust counseling.
Dan has represented domestic and foreign corporate clients in international cartel investigations before the DOJ, the Canadian Competition Bureau, and European Commission. He also has significant experience leading merger, civil non-merger and other internal investigations.
Dan’s litigation experience spans defense of a range of Sherman Act Section 1 and Section 2 claims, including conspiracy, monopolization and attempted monopolization as well as related state competition claims. Dan also has significant experience in both class action and multidistrict litigation cases.
In the merger context, Dan has worked on coordinating responses to several second requests and civil investigative demands by the FTC and DOJ. He has also represented multiple third parties in responding to government and party subpoenas and navigating the merger litigation.
Additionally, Dan has counseled many clients on a wide range of issues including analysis of potential mergers, transactions, business practices and antitrust compliance covering a wide range of industries including technology, advertising, distribution, agriculture, pharmaceuticals, automobile parts, health care, insurance, and others.
Prior to attending law school, Dan worked as a managing analyst for Compass Lexecon. While there, he consulted on mergers and antitrust matters involving allegations of attempted monopolization, vertical restraints, price fixing, and market allocation as well as damages estimation. His consulting experience touched several industries including high technology composites, supermarkets, newspapers, spirits, and movie theaters.
In law school, Dan completed internships at both the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC). During this time, he assisted in pre-merger investigations, evaluated Hart-Scott-Rodino filings, and aided the investigation of Section 2 claims in the technology sector.
Professional Activities
- American Bar Association, Section of Antitrust Law and Young Lawyers Division, Economics and Cartel and Criminal Practice Committees
Experience
- Represents Tyson Foods in a consolidated treble-damages class action case alleging an industry-wide conspiracy to manipulate the price of broiler chickens in the Northern District of Illinois
- Represents Nishikawa Rubber Company in the Auto Parts class-action MDL in the Eastern District of Michigan
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Obtained summary judgment on behalf of UPMC on a matter alleging conspiracy and monopolization in the Western District of Pennsylvania
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Represented Thermo Fisher in its $13.6 billion acquisition of Life Technologies (Nominated for 2014 GCR "Matter of the Year" award)
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Represented pharmaceutical clients through FTC pay-for-delay investigations; ultimately closed without enforcement action
Honors
- In February of 2018, Axinn was nominated for Global Competition Review “Litigation of the Year – Cartel Defence” for its work on behalf of Nishikawa Rubber Company in the Auto Parts litigation. This award recognizes “creative, strategic and innovative litigation on behalf of a defendant in a private action for cartel damages.”
- The Legal 500 United States (2022)
- First place – American Bar Association Section of Public Contract Law 2010 Writing Competition
News
- 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
- View More ›
Thought Leadership
- 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) Honors: Public Contracts Law Journal
- 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