Daniel Culley’s practice focuses on antitrust counseling and antitrust litigation.

His work includes counseling, merger control, antitrust litigation, and civil and criminal government investigations, particularly for high-tech industries and two-sided markets. Daniel has represented clients in federal and state courts and advised clients in both criminal and civil investigations by the U.S. Department of Justice, the FTC, state agencies, and the European Commission.

Daniel joined the firm in 2008 and became partner in the Washington, D.C. office in 2017. Since the beginning of 2018, he splits his time between the Washington and Brussels offices.

Notable Experience

Antitrust Litigation

  • BNP Paribas in defending against a purported class action filed by the Pennsylvania pension fund alleging manipulation of supranational, sub-sovereign, and agency debt (SSA bonds).

  • Goldman Sachs in defending consolidated putative class action cases brought against numerous foreign exchange dealers alleging antitrust conspiracies based on the alleged manipulation of benchmark exchange rates for a broad range of currencies.

  • Sabre in monopolization litigation brought by American Airlines.

  • The Dow Chemical Company in post-trial litigation of a class action involving the urethanes industry.

  • Deutsche Post’s DHL Global Forwarding business in defending against a purported class action (now settled) alleging a conspiracy to fix surcharges and fees in the freight forwarding industry.

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Merger Review

  • T-Mobile US and Deutsche Telekom in connection with T-Mobile US’s merger with Sprint Corporation. The combined company will have an enterprise value of approximately $146 billion.

  • Essilor in its combination with Luxottica. This transaction secured unconditional EU and U.S. clearance and will give rise to a combined entity with a market capitalization of around €46 billion.

  • Warburg Pincus and its portfolio company, Electronic Funds Source, in the sale of EFS to WEX Inc. for approximately $1.1 billion in cash and four million shares of WEX common stock; cleared without condition by the FTC after a seven-month investigation.

  • OpenText in its $1.62 billion acquisition of Dell EMC’s enterprise content division.

  • Keysight in its $1.6 billion acquisition of Ixia.

  • Vale in its $2.5 billion sale of fertilizer assets and acquisition of a minority interest in Mosaic.

  • Scientific Games Corporation in its $1.5 billion acquisition of WMS industries, Inc.

  • New Media Investment Group Inc. in the SEC-registered spin off of shares of New Media owned by Newcastle Investment Corp., a REIT managed by Fortress Investment Group, and SEC-registered follow-on offerings of common shares through a block trade.

  • GTCR and IQNavigator in their acquisition of Beeline, Adecco’s vendor management systems business.

  • Vista Equity Partners and Lanyon Solutions in their acquisition of Cvent, an event software provider.

  • Italcementi and Italmobiliare in the $4.1 billion acquisition of Italcementi by Heidelberg Cement.

  • Lafarge in its €40 billion merger of equals with Holcim, which created the world’s largest construction materials company.

  • The Coca-Cola Company in its $2.15 billion acquisition of a 16.7 percent equity stake in Monster Beverage Corporation.

  • GTCR and Sterigenics in its acquisition of its supplier Nordion.

  • ArcelorMittal in its $1.55 billion acquisition of ThyssenKrupp Steel USA.

  • Western Digital in its $4.8 billion acquisition of Hitachi’s hard-disk business.

  • Broadcom Corporation in its acquisition of Broadlight.

  • IMS Health in its acquisition of SDI Health.

  • Google in its acquisitions of AdMob and Apigee.

  • GlaxoSmithKline in several product divestitures.

  • Samsonite in its $1.8 billion acquisition of Tumi.

  • Higher One in its proposed acquisition by an affiliate of Blackboard Inc.

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Publications

“Negotiating the Remedy: A Practitioner’s Perspective,” The Guide to Merger Remedies, Law Business Research, co-author with Francisco Enrique González-Díaz, August 2018 and 2019.

United States,” The Dominance and Monopolies Review – Edition 7, 2019.

“The Good, the Bad, and the Ugly: lessons from the United States’ century of experience with cartel follow-on damages,” Competition Law & Policy Debate, Vol 4,  December 2018.

Vertical Merger Enforcement Actions: 1994–July 2018,” Georgetown Law Faculty Publications and Other Works, co-author with Steven Salop, August 2018.

United States,” The Dominance and Monopolies Review – Edition 6, 2018.

Concerted Action in Standard-Setting,” The Cambridge Handbook of Technical Standardization Law, co-author with George Cary, December 2017.

The Dominance and Monopolies Review: United States, ed. Maurits Dolmans, August 2017.

Revising the U.S. Vertical Merger Guidelines: Policy Issues and an Interim Guide for Practitioners,” Journal of Antitrust Enforcement, November 3, 2015. (This article has been cited numerous times, including by the U.S. Department of Justice’s Antitrust Division and in remarks by the current Acting Director of the FTC’s Bureau of Competition; in testimony before the Senate Judiciary Committee; in reports by various policy institutes and economic firms; in articles published in a variety of academic, legal and business publications; and in The New York Times and The New Yorker.)

The Dominance and Monopolies Review: United States, ed. Maurits Dolmans, July 2014.

“Learning from Rambus — How to Tame Those Troublesome Trolls,” co-author with Maurits Dolmans and Malik Dhanani, The Antitrust Bulletin, Vol. 57, No.1/Spring 2012.

“Transatlantic Lessons for Platform Software Developers,” The Georgetown Journal of Law & Public Policy, 2007.

Events