Shearman & Sterling (Washington)

David A. Higbee

Shearman & Sterling (Washington)
Partner / Global Co-Head

David Higbee is a partner in the Antitrust practice, Global Antitrust Practice Group Leader and Head of the Washington, D.C. Office. He focuses on antitrust government and internal investigations, merger review and complex litigation matters. He has represented clients in varied industries including defense, oil and gas, financial services and technology. David works regularly on matters before the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice. David previously served at the Department of Justice as Deputy Assistant Attorney General and Chief of Staff of the Antitrust Division. In that capacity, he advised the Assistant Attorney General on all matters related to the enforcement of the U.S. antitrust laws and oversaw investigations, civil litigation, and criminal prosecutions. At the Department of Justice, David also served as Deputy Associate Attorney General, and as Counsel to the U.S. Attorney General and White House Liaison. He was designated a Special Assistant U.S. Attorney. David led transition planning for the Antitrust Division during the change in Administrations between 2016-2017. David also served at the White House under President George W. Bush as Special Assistant to the President and Associate Director for Presidential Personnel, advising the President on the appointment of senior officials throughout the Executive branch.

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Videos

David Higbee (Shearman & Sterling)
David A. Higbee 31 May 2019 New York

Articles

5477 Bulletin

Ben Gris, David A. Higbee, Jessica K. Delbaum, Djordje Petkoski, Rachel Mossman, Ryan Shores, Jacob Coate, John Cove The US FTC sets its sights on noncompete agreements and launches its first major standalone section 5 claims

54

Introduction Last week, the FTC announced two significant moves. First, the FTC brought its first major standalone Section 5 actions, targeting certain companies’ employment noncompete agreements as unfair methods of competition. The very next day, the FTC issued a Notice of Proposed Rulemaking (...)

Ben Gris, Jessica K. Delbaum, David A. Higbee, Jonathan Cheng, Jacob Coate The US FTC releases a policy statement outlining its shift away from the rule of reason

591

On November 10, 2022, the Federal Trade Commission (FTC) issued a policy statement (the “Policy Statement”) radically expanding the FTC’s interpretation of prohibited “unfair methods of competition” under Section 5 of the FTC Act. According to the Policy Statement, in determining whether something (...)

David A. Higbee, Ben Gris, Jessica K. Delbaum, Ryan Shores, Djordje Petkoski, Jonathan Cheng, Noni Nelson The US DoJ carries out first large-scale crackdown on potentially unlawful interlocking directorates which leads to 7 board resignations across 5 tech companies

287

On Wednesday, October 19, 2022, the Department of Justice Antitrust Division (DOJ) announced that seven directors resigned from their board positions because of DOJ’s concerns that holding the positions violated the Clayton Act’s prohibition on interlocking directorates. Discussed more fully (...)

David A. Higbee, Jessica K. Delbaum, Ben Gris, Jonathan Cheng, Ryan Leske, Noni Nelson, Alicia Bello The US FTC announces annual changes to the thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976

437

On January 21, 2022, the U.S. Federal Trade Commission (FTC) announced the annual changes to the thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). The official publication is expected to be released in the Federal Register on January 24, 2022. (...)

Ryan Shores, Ben Gris, David A. Higbee, Jessica K. Delbaum, Djordje Petkoski, Noni Nelson, Caitlin Hutchinson Maddox, Reena Agrawal Sahni The US President Joe Biden signs an executive order aimed at promoting competition in the American economy using antitrust laws

660

What This Means for Merger Enforcement, Technology Platforms, Healthcare, Banking and Consumer Finance and Labor Markets On Friday, July 9, 2021, President Biden signed a sweeping Executive Order (and provided an accompanying FACT Sheet) with the stated goal of using existing antitrust laws (...)

David A. Higbee, Jessica K. Delbaum, Ben Gris, Jonathan Cheng The US FTC requires parties to transactions exceeding certain thresholds to file premerger notification following the reform of the Hart-Scott-Rodino Antitrust Improvements Act

308

On February 2, 2021, the U.S. Federal Trade Commission (FTC) announced the annual changes to the thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). The new size of transaction threshold is $92 million. The new HSR Act thresholds will go into (...)

David A. Higbee, Jessica K. Delbaum, Ben Gris, Djordje Petkoski The US DoJ and US FTC issue a joint statement to outline that they are monitoring markets behavior during the global health and economic crisis caused by the COVID-19 pandemic

335

The ongoing COVID-19 outbreak has, at least temporarily, reshaped the way that many companies do business. Nevertheless, companies must continue to be vigilant about compliance with the antitrust laws and understand that the U.S. antitrust agencies will continue to scrutinize their behavior (...)

Jessica K. Delbaum, John Skinner, David A. Higbee, Djordje Petkoski, John Cove The US DoJ announces new policy to consider the existence of effective antitrust compliance programs at the charging stage of criminal antitrust investigations

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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Antitrust Division of the U.S. Department of Justice (Division) finally will consider the existence of effective antitrust compliance programs at the (...)

David A. Higbee, James Webber The US House of Representatives Judiciary Committee approves a bill which would open up OPEC nations to antitrust scrutiny by removing sovereign immunity

14

On Thursday, 7th February, the Judiciary Committee of the U.S. House of Representatives approved the No Producing and Exporting Cartels Act 2019 (NOPEC), potentially setting up a vote by the full House. NOPEC was followed by similar bill, introduced in the Senate by Republican Senator Chuck (...)

Arjun Chandran, David A. Higbee, Djordje Petkoski, Jessica K. Delbaum, Wayne Dale Collins The US FTC files an administrative complaint challenging a proposed acquisition in the market for third-party paid referral services for senior living facilities and enters into a consent decree (Red Venture / Bankrate)

826

This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On November 3, 2017, the Federal Trade Commission filed a complaint challenging Red Ventures’ proposed acquisition of Bankrate. The FTC alleged that the deal (...)

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