A partner in the firm’s Antitrust Group, David Higbee advises clients on merger review, government and internal antitrust investigations, and complex litigation matters. He regularly represents clients before the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice, and his matters have spanned the defense, oil and gas, financial services and technology, and other industries.
David, who led the global antitrust practice at his prior firm, has long been recognized for his antitrust prowess by Legal 500 and Chambers. One client quoted by Chambers notes that David “provides superior client service. He focuses on how to drive success and aligns his team to achieve measurable progress quickly. He is dedicated, transparent in his communications and diligent.” Another tells Legal 500 that David “is exceptionally responsive, creative, and practical. He is able to assemble fit for purpose teams and deliver outstanding results.” David “provides very sound practical advice in complicated situations, he is perfectly responsive and he really understands the antitrust world,” a third client notes. “He’s a superb practitioner.”
Previously, David served as Deputy Assistant Attorney General and Chief of Staff of the Antitrust Division at the U.S. Department of Justice. In that capacity, he advised the Assistant Attorney General on all matters related to the enforcement of U.S. antitrust laws, and oversaw investigations, civil litigation and criminal prosecutions.
Earlier, he served as Deputy Associate Attorney General, and as Counsel to the U.S. Attorney General and White House Liaison. He was also designated a Special Assistant U.S. Attorney. Additionally, David led transition planning for the Antitrust Division during the change in administrations between 2016-2017. He also served at the White House under President George W. Bush as Special Assistant to the President and as Associate Director for Presidential Personnel, advising on the appointment of senior officials throughout the executive branch.
Experience
David’s representative transactional matters include advising:
- Chevron Corp. on competition matters in connection with its $55 billion acquisition of Hess Corp., $7.6 billion acquisition of PDC Energy, Inc., $3.15 billion acquisition of Renewable Energy Group, Inc., $5 billion acquisition of Noble Energy Inc., $50 billion proposed acquisition of Anadarko Petroleum, and acquisitions of Pasadena Refining System, Inc., Beyond6, LLC, and other transactional matters globally.
- Booz Allen in overcoming the DOJ’s attempt to block its $440 million acquisition of EverWatch.
- Raytheon Company on the U.S. and global merger control aspects of its $120 billion merger with United Technologies, and other transactional and strategic counseling matters globally.
- Chesapeake Utilities Corporation in its $923 million acquisition of Florida City Gas from NextEra Energy.
- Strategic Sports Group in a partnership with the PGA TOUR to launch PGA TOUR Enterprises. –
- Tire Rack Holdings, Inc. and its stockholders in its sale to Discount Tire.
David’s representative investigations and litigation matters include representing:
- a U.S.-based multinational company in an investigation by the U.S. Department of Justice into pricing practices.
- a large Japanese manufacturer in a criminal investigation by the U.S. Department of Justice and other enforcement authorities throughout the world into pricing practices and related conduct.
- a leading U.S. technology company in defeating a Sherman Act Section 2 lawsuit by a failed competitor.
- a large multinational energy company on global antitrust counseling issues.
- a leading trade association in the successful resolution of an investigation by the U.S. Department of Justice.
