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Senior Associate, New York, Washington, D.C.
Dan Shulak is a senior associate in our Antitrust, Competition and Economic Regulation practice group, working primarily with our team in New York and Washington, D.C. Dan has a diverse antitrust practice focusing on antitrust litigation, antitrust clearance of mergers and acquisitions, criminal cartel investigations, and other non-merger antitrust investigations. Dan represents clients in matters before the U.S. Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (DOJ), as well as in litigation before U.S. Federal District Courts.
With respect to mergers and acquisitions, Dan has conducted pre-merger analyses of the antitrust risk associated with transactions in a wide variety of industries. Dan has worked on matters where the team has successfully advocated for merger clearance prior to the close of the HSR waiting period (i.e., early termination), as well as after receiving and responding to "Second Requests."
In the area of criminal cartel investigations, Dan has experience representing corporations in both internal and DOJ grand jury investigations related to alleged cartel activities. Recently, Dan has been a key member of the global team responsible for concurrent cartel investigations in multiple jurisdictions around the world, including the United States, European Union, Japan, South Africa, and China, among others. In addition, Dan has experience representing companies in the follow-on litigation resulting from government investigations into alleged anticompetitive activities. Dan has authored or co-authored several published articles dealing with competition compliance and cartel investigations.
In addition to follow-on litigation stemming from government investigations, Dan also has experience representing companies in other types of competition-based litigation, including allegations of illegal monopolization in violation of the Sherman Act.
Beyond his work on behalf of clients, Dan is also active in firm activities and pro bono matters. Dan serves as co-chair of the New York Associates Committee and sits on the firm's U.S. Associates Committee. He is currently involved in several ongoing pro bono litigation matters. Prior to joining Hogan Lovells, Dan served as an Assistant Attorney General in the Criminal Prosecutions Bureau at the New York State Office of the Attorney General, where he prosecuted white collar crimes.
- Representation of Credit Suisse in antitrust class actions alleging a conspiracy by some of the largest banks in the world to restrict competition and raise the price of credit default swap trading.
- Representation of Orbital Sciences in its acquisition of ATK, including the successful clearance of its transaction by the Department of Justice following the issuance of a Second Request.
- Representation of Research In Motion as a member of a consortium including Microsoft and Sony Ericsson in the US$4.5 billion acquisition of approximately 4,000 patent assets from Nortel Networks.
- Representation of a Japanese auto parts manufacturer in a U.S. DOJ Antitrust Division cartel investigation into the auto parts industry and related civil matters.
- Representation of a biotechnology company in a private antitrust suit in U.S. District Court involving allegations of illegal monopolization in violation of the Sherman Act. The team successfully obtained award of summary judgment in the district court.
Hogan Lovells Publications
14 October 2015
"DOJ Delivers Roadmap to Compliance Credit in Cartel Cases." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells
"Antitrust Enforcement in Emerging Jurisdictions." Antitrust, Competition and Economic Regulation Quarterly Newsletter, Hogan Lovells
07 November 2013
"Senate Unanimously Passes Bill Adding Whistleblower Protection in U.S. Antitrust Cartel Investigations." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells
01 October 2013
"FTC & DOJ Release Updated Model Confidentiality Waiver For Use in Cross-Border Investigations." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells
15 April 2013
"Antitrust Division ends practice of publicly naming individuals carved out of corporate plea agreement protections.", Hogan Lovells
09 December 2011
"Morgan Stanley to disgorge profits earned from anticompetitive derivative agreements." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells
02 January 2015
"What To Expect In Criminal Antitrust This Year." Law360
"Increasing Fines vs. Incentivizing Corporate Compliance: A Case for Compliance." CPI Antitrust Chronicle, Competition Policy International
10 October 2014
"The Role of Corporate Fines in Deterring Cartel Conduct." Antitrust & Trade Regulation Report, Bloomberg BNA
17 October 2013
"Updated Model Confidentiality Waiver for Use in Cross-Border Investigations." International Law Office
09 May 2013
"Antitrust Division ends public naming practice." Competition Newsletter, International Law Office
16 April 2013
"How New Carveout Policy Will Impact Cartel Plea Deals." Law360