Overview

Dylan Carson is a trial attorney with significant experience in antitrust litigation, federal and state government antitrust investigations, and competition law counseling. For more than 20 years, Dylan has represented clients in federal and state court antitrust trials, before judges and juries, as both plaintiff and defendant. He is among the short list of antitrust attorneys to have successfully prosecuted and defended high-stakes merger trials. He has also represented clients before federal and state antitrust enforcers, including the U.S. Department of Justice (DOJ), Federal Trade Commission and state attorneys general. Prior to joining the firm, Dylan was a trial attorney in the Media, Entertainment, and Communications section of the Antitrust Division at DOJ.

Antitrust

Dylan offers clients his knowledge of public and private antitrust enforcement in Washington, D.C., and around the country to navigate the complexities of civil and criminal investigations and litigation. He has advised clients about shepherding mergers and acquisitions through the approval process, handling federal and state government antitrust investigations, and crafting compliance programs to avoid the risk of antitrust enforcement and treble damages actions. He has represented parties involved in merger and civil nonmerger investigations in diverse industries, including telecommunications, cable and satellite television, e-commerce, online platforms, energy generation, finance, casinos, and food and soft drinks. Notably, Dylan repeatedly has been involved in large, complex telecommunications and technology litigations, including monopolization cases and price-fixing prosecutions.

Dylan has significant experience working with expert witnesses, especially industrial organization economists, to prepare and present reports and opinions to courts, enforcers and regulatory bodies. He has taken and defended C-suite executive depositions, and represented companies and executives involved in criminal antitrust investigations in the semiconductor and medical device industries.

In high-profile matters at DOJ, Dylan gained significant exposure to the health care industry and many of its key market participants. In private practice, he has represented large, multinational manufacturers of branded and generic pharmaceuticals and medical devices, and been involved in large-scale multidistrict litigation, including the trial of bellwether cases. Through these cases and others, he gained extensive experience in the Noerr-Pennington sham petitioning area of antitrust jurisprudence.

For his efforts at DOJ, Dylan received the Attorney General’s Award for Distinguished Service, the second highest award for employee performance at the Department of Justice. For three years straight, he received the Assistant Attorney General Award of Distinction, the highest Antitrust Division performance award, based on his investigation and litigation work.

Before DOJ, Dylan was a partner at a national trial firm in Denver. After law school, he served as a law clerk in the District of Massachusetts for the Hon. Frank Freedman.

Representative Experience

  • Represented DOJ in three-week merger trial in District of D.C. seeking to block $108 billion merger of country’s largest video distributor with largest content provider. Prepared expert economist for testimony and examined senior executives. Worked on appeal to D.C. Circuit after injunction request denied. Trial court order affirmed.
  • Represented DOJ in three-week merger trial in District of D.C. seeking to block $54 billion combination of two of largest national health insurers. Prepared expert economist for testimony and examined adverse senior executive. Merger enjoined.
  • Represented DOJ in investigation of $26 billion merger of two of four national wireless carriers. Merger challenge in District of D.C. resolved through consent decree.
  • Represented DOJ in Northern District of California challenge to dominant payment network’s proposed $5 billion acquisition of nascent financial technology competitor under Sherman Act Section 1 and Clayton Act Section 7. Merger abandoned.
  • Represented DOJ in two-week merger trial in District of Delaware seeking to block proposed $360 million merger of travel technology companies. Examined adverse senior executives. Injunction request denied, but merger abandoned with appeal pending.
  • Represented DOJ in Sherman Act Section 1 and Clayton Act Section 7 litigation in Middle District of Pennsylvania to hospital’s $100 million acquisition of ownership interest in its close competitor.
  • Represented DOJ in Sherman Act Section 1 litigation in Central District of California alleging information sharing among video distribution competitors regarding regional sports network. Opposed motion to dismiss. Lawsuit resolved through consent decree.
  • Trial counsel on defense team that successfully opposed the FTC’s challenge to proposed merger in the baby food business after two-week merger trial in District of D.C. Injunction denial reversed on appeal.
  • Trial counsel on defense team for major international telecommunications firm in three-week antitrust trial in Orange County (California) Superior Court regarding alleged tying of telephone service and high voltage protection service. Jury rendered 12-0 defense verdict.
  • Trial counsel for state public utility authority in two-week administrative trial at U.S. Federal Energy Regulatory Commission regarding market power in the New England power generation market.

Credentials

Bar Admissions

Colorado
District of Columbia
New York

Clerkships

U.S. District Court for the District of Massachusetts, Hon. Frank H. Freedman, 1997-1999

Education

Suffolk University Law School
J.D. cum laude, Suffolk University Law Review - Lead Articles Editor (1997)

Vassar College
B.A. in History (1994)

Insights & Events

Other Perspectives

Leadership & Community

Pro Bono

Dylan maintains a pro bono practice helping indigent clients battling homelessness.

Professional Associations

  • American Bar Association, Antitrust Section

Honors

  • Assistant Attorney General’s Award of Distinction, 2018-20
  • Attorney General’s Award for Distinguished Service, 2017
  • Department of Justice (DOJ) — Attorney General’s Award for Distinguished Service, 2017
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