In 2015, The National Law Journal selected Rick to its inaugural list of Antitrust Trailblazers. This honor was based on accomplishments during his long tenure at the FTC, where Rick served in key roles (e.g., lead counsel, manager) in both federal and administrative trials and investigations involving some of the most important FTC merger and non-merger cases of the past twenty plus years. For example, Rick successfully served as lead trial attorney in North Carolina State Board of Dental Examiners, a case that the Supreme Court recently affirmed. In addition, Rick had principal roles in Toys "R" Us, Three Tenors, Heinz, Rambus, Abbott Labs, Unocal, Intel, Dell, Whole Foods and Wright Medical. His varying responsibilities included all aspects of trying cases through to verdict and on appeal (including, victories in the DC, Fourth, Sixth and Seventh Circuits). Rick is one of the leading authorities on the FTC’s Section 5 “Unfair Methods of Competition” authority and state action immunity.
Rick’s representative matters since joining Axinn include the following:
- Serving as antitrust counsel for the University of Pittsburgh Medical Center (UPMC), including successfully defending against Sherman Act claims in the Western District of Pennsylvania, and affirmed in the Third Circuit, as well as counseling regarding hospital acquisitions.
- Played a principal role in getting Section 1 claims dismissed against Stanley Black & Decker in a matter involving collusion and standard setting activities.
- Representing a caustic soda manufacturer in class action cases brought by direct and indirect purchasers alleging price fixing and output reductions.
- Represented a biotech company in an action by a competitor and a class action involving standard setting conspiracy claims.
- Represented the Alliance of Artists and Recording Companies (AARC) in the D.C. district court and D.C. Court of Appeals.
- Advocated on behalf of the Association of Dental Service Organizations before state boards and legislatures relating to potential anticompetitive rules, regulations, and enforcement actions.
While at the FTC, Rick's managerial responsibilities included advising the Bureau and the Commission on case merits, litigation risks and remedies. He has reviewed business conduct and proposed mergers in a broad range of industries, including technology, energy, food, entertainment, consumer goods, medical devices, pharmaceuticals and health care. Rick has been particularly active in matters involving the intersection of intellectual property and antitrust, including the FTC’s first forays into the non-disclosure of patents in standard setting (e.g., Dell, Rambus, Unocal), Hatch-Waxman/reverse payment cases (Hoechst-Andrx) and analysis of patent assertion entities.
Prior to joining the FTC, Rick served as counsel to the chairman and vice chairman of the U.S. International Trade Commission and was a litigation associate in administrative law, antitrust and general litigation at Sidley & Austin in Washington, DC.
- American Bar Association, Section of Antitrust Law and Entertainment and Sports Industry Forum
- Lead counsel for the University Pittsburgh Medical Center (UPMC) in connection with antitrust matter in the Western District of Pennsylvania.
Led Axinn team advising UPMC in successful acquisitions of PinnacleHealth System, Susquehanna Health System, and others.
Lead counsel for the Alliance of Artists and Recording Companies (AARC) in connection with its currently pending Class Action Complaint against General Motors, Ford, Chrysler, Denso, Clarion, Mitsubishi Electric Automotive America and Mitsubishi Electric US alleging violations of the Audio Home Recording Act of 1992 (AHRA).
- Lead role in gaining dismissal of most counts in complaint filed in the Eastern District of Virginia (affirmed by Fourth Circuit) alleging that Stanley Black & Decker participated in an antitrust conspiracy.
- Antitrust counseling to Google, Thermo Fisher, the Association of Dental Support Organizations and others.
Lead counsel in successful government challenge in FTC v. Heinz/Beechnut merger.
Lead counsel in obtaining merger consent in Wright Medical/Orthomet (innovation market).
Lead counsel in successful government enforcement action in FTC v. Toys “R Us (conduct).
Lead counsel in successful government enforcement action in FTC v. N.C. State Board of Dental Examiners (conduct).
- Management or other involvement in numerous significant cases and litigations, including
- FTC v. Polygram (3 Tenors) (joint venture analysis)
- FTC v. Rambus (Section 2 standard setting)
- In re Dell (Section 5 standard setting)
- In re Intel (monopolization)
- YKK (Section 5 invitation to collude)
- FTC v. Abbott (first restitution case)
* Includes matters handled prior to joining Axinn
Rick was the recipient of the FTC’s Brandeis Award for Outstanding Litigator in 2000 and the FTC’s Award for Distinguished Service in 2014. In addition, he received the Kramer Fellowship, a sabbatical year awarded each year to a staff person involved in antitrust from either the FTC or the Department of Justice, to Harvard Law School during 1997-1998. In 2015, he was named to the National Law Journal’s list of M&A and Antitrust Trailblazers.
- Axinn’s Antitrust Practice Nationally Ranked by The Legal 500 United States for 2021
- Third Circuit Denies Appeal Against Axinn Client UPMC
- Axinn’s Antitrust Practice Nationally Ranked by The Legal 500 United States
- Summary Judgment Motion Granted for Axinn Client UPMC
- Axinn Wins Unanimous Fourth Circuit Victory for Stanley Black & Decker
- GCR Nominates Axinn for Litigation of the Year, Deal of the Year and Dealmaker of the Year
- Axinn Wins Summary Judgment for Stanley Black & Decker
- Rick Dagen Named to NLJ’s List of M&A and Antitrust Trailblazers
- Supreme Court Victory for FTC in NC Dental Board Case
- Axinn Wins Motion to Dismiss Monopolization Suit for Stanley Black & Decker
- Axinn welcomes FTC veteran, promotes in New York
- Longtime FTC Veteran Richard Dagen Joins Axinn
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- California Supreme Court Orders Antitrust Policy for State Bar, Global Competition Review, October 3, 2017
- Antitrust Policy: Acting Bureau Director Bruce Hoffman Likely to Scale Back Merger Enforcement, Take Renewed Interest in Conduct Cases, The Capitol Forum, August 14, 2017
- Outgoing FTC Chief Leaves Tough Merger Review Legacy, Law360, January 13, 2017
- FTC Splits On Facts In Invitation-To-Collude Case, Global Competition Review, August 11, 2016
- Georgia Bill to Deal With NC Dental, Global Competition Review, February 16, 2016
- The Supreme Court Restricts Antitrust State Action Immunity, Corporate Counsel, December 2015
- Joshua Wright Claims Victory in Struggle over Section 5, The Deal Pipeline, August 21, 2015
- FTC Establishes Guidelines for Combatting Unfair Competition, The Deal Pipeline, August 13, 2015
- Section 5 Guidance Becomes Reality at FTC, Global Competition Review, August 11, 2015
- GM, Ford Tell Judge To Nix Suit Over Music-Nav Systems, Law360, May 5, 2015
- Kraft and Heinz to Merge in Deal Backed by Buffett and 3G Capital, The New York Times, March 25, 2015
- Sysco Prospects Good In FTC Merger Tilt, CT Financial News, March 5, 2015
- FTC Smiling as High Court Rules Dental Board Lacks Antitrust Immunity, Bloomberg BNA, March 3, 2015
- Supreme Court: State Dental Board Not Immune From Antitrust Laws, Global Competition Review, February 26, 2015
- NC Dental Gives State Boards Map To Avoid Antitrust Trouble, Law360, February 25, 2015
- Supreme Court Conservatives Split Over Antitrust Scrutiny of State Boards, Forbes, February 25, 2015
- FTC Wins Hospital Merger Appeal in Ninth Circuit, Global Competition Review, February 11, 2015
- That Argument Don’t Hunt, ABA Antitrust Law Section’s Cartel and Joint Conduct Review, Fall 2014
- Reflections on the Supreme Court and State Action Immunity, Global Competition Review, October 24, 2014
- Ford, GM Argue They Don’t Owe Any Music Royalties, The National Law Journal, October 13, 2014
- Judge Rebuffs Antitrust Claims Against Canadian Maker of Therapy Products, Global Competition Review, October 1, 2014
- FTC Acknowledges Auto Dealer Probe After Discovery Bust-Up, Global Competition Review, September 16, 2014
- Valeant effort may require more divestitures, Global Competition Review, August 13, 2014
- Invitations to Collude: An Offer You Can Refuse, Global Competition Review, August 1, 2014
- Supreme Court will hear North Carolina Dental appeal, Global Competition Review, March 3, 2014
- Jos A Bank could use FTC review to scupper takeover, Global Competition Review, February 5, 2014
- St Luke’s merger decision will be tough to overturn, observers say, Global Competition Review, January 29, 2014
- Rambus, Innovation Efficiency, and Section 5 of the FTC Act, 90 B.U. L. Rev. 1479, 2010
- The Toys "R" Us Precedent: Reaching the Limits of the Colgate Doctrine, Business Law Journal, May 1, 2006
- The Efficiencies Defense in Mergers: The Baby-Food Case Reconsidered, bepress Legal Series, March 18, 2006
- Hearing Begins on Restraint Of Trade in Toy Industry, The New York Times, March 6, 1997
- Duties to Offset Competitive Advantages, Faculty Scholarship at Penn Law, 1986
- Axinn Webinar: Hot Topics in Health Care Deals – Key Takeaways from the AHLA Health Care Transactions and Antitrust Conferences
- GCR 2nd Annual Live Antitrust Litigation USA Conference
- The FTC's Section 5 Unfair Competition Guidelines Demystified
- 2016 DAGA Winter Policy Conference
- DOJ Antitrust Division Staff Training Session
- 2015 First Chair Awards
- FTC Staff Training Session
- ABA 63rd Annual Section of Antitrust Law Spring Meeting
- Taking Stock of the State Action Doctrine In Light of North Carolina Board of Dental Examiners v. FTC
- JD – Emory University School of Law (1983)
- M.Phil – Yale University (1981)
- MA, Economics – Yale University (1980)
- BA – University of Chicago (1978)
- District of Columbia
- US Court of Appeals for the District of Columbia
- US Court of Appeals for the Fourth Circuit
- US District and Bankruptcy Courts for the District of Columbia
- US District Court District of Maryland
- US Supreme Court