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Darren Tucker

Darren Tucker Partner, Antitrust

Darren is a partner in the Antitrust Group in Washington, DC. Darren has two decades of experience handling the largest, most complex merger and non-merger antitrust investigations, with a focus on the technology, energy, and pharmaceutical sectors.

Darren has played key roles in many of the most prominent antitrust cases involving the U.S. agencies, including two trials against the U.S. government (FTC v. Arch Coal (D.D.C) and FTC v. CCC (D.D.C.)) and the settlement of a leading gun jumping case (US v. Gemstar (D.D.C.)). He has helped obtain clearance for approximately 100 mergers and acquisitions.

Darren also has extensive experience on competition matters outside the U.S., having counseled clients on merger and non-merger antitrust matters in Europe, Canada, Japan, China, South Korea, Taiwan, Russia, and Australia.

In 2017, Global Competition Review recognized Darren as one of the leading antitrust lawyers under the age of 45. Other credentialing groups recognizing Darren as a leading antitrust lawyer include The Legal 500 and Super Lawyers. He has been part of the leadership of the American Bar Association’s Section of Antitrust Law for over a decade, where he currently serves on the section’s governing Council. 

Darren regularly speaks and writes on antitrust issues relevant to technology, energy, and life science companies, as well as on competition agency practice and procedure. He recently served as the editorial chair of Antitrust Law Developments, the leading antitrust treatise for practitioners. He previously served as the editorial chair of the ABA’s Antitrust Source and as a member of the Law360 Competition editorial advisory board. He has taught an advanced antitrust seminar as an adjunct professor at Antonin Scalia Law School at George Mason University.

From 2009-2013, Darren served as an attorney advisor to Commissioners Joshua D. Wright and J. Thomas Rosch at the FTC. In that role, he advised the commissioners on staff enforcement recommendations, litigation strategy, and policy matters, including the 2010 Merger Guidelines. This experience allows Darren to provide valuable insights to clients regarding competition enforcement and policy issues. 

Experience Highlights

  • Represented U.S. technology company in $1.1 billion asset acquisition of Taiwanese electronics manufacturer
  • Represented Diamond V in its 2017 sale to Cargill, creating one of the leading natural animal health & nutrition businesses
  • Represented a leading U.S. technology company in two investigations before the Taiwan Fair Trade Commission (TFTC), after the client removed several apps from their online store. The team convinced the TFTC that the client had a legitimate basis for removing the apps and both investigations closed in 2017 without relief
  • Represented Attom Data before the FTC to obtain divestiture assets and in subsequent compliance investigation of CoreLogic leading to the divestiture of additional assets, a remedy imposed only once before
  • Obtained REMS-restricted product samples from branded firm on behalf of generic pharmaceutical firm
  • Advising a leading U.S. technology company on a variety of antitrust counseling matters across the globe

Technology

  • Represented technology firms in single-firm conduct investigations related to mobile operating systems, applications, and processors in the Americas, Europe, and Asia
  • Advised clients on mergers, acquisitions and joint ventures involving computer hardware and software, and Internet-based services
  • Advised clients on the antitrust implications of big data and the use of pricing algorithms
  • Counseled clients on and litigated cases involving the intersection of the antitrust and IP laws, including FTC v. CCC (D.D.C), IGT v. Alliance Gaming (D. Nev.), and In re Certain Set Top Boxes and Components Thereof (ITC)
  • Counseled clients on enforcement issues related to standard essential patents
  • Lead author of two opinions in FTC adjudicative proceedings involving technology industries (Realcomp and Polypore)
  • Published articles on competition issues related to big data, the intersection of privacy and antitrust, and merger enforcement involving Internet-based firms

Energy

  • Successfully represented coal company in litigation brought by FTC to block proposed acquisition by rival supplier (FTC v. Arch Coal (D.D.C))
  • While at the FTC, made enforcement recommendations in a half dozen merger enforcement matters
  • Published article while at FTC that, among other things, examined sources of evidence and theories of harm in FTC merger investigations involving energy sector

Pharmaceuticals and Life Sciences

  • Counseled clients on antitrust issues specific to the pharmaceutical and medical device industries, including IP settlement agreements between branded and generic firms, product switching strategies, FDA citizen petitions, and use of restrictive distribution systems (REMS)
  • Helped obtain regulatory clearance for pharmaceutical firms on mergers, acquisitions, and technology transfer agreements before the FTC
  • While at the FTC, participated in pharmaceutical enforcement policy and enforcement matters, including co-drafting the FTC’s closing statement for the Express Scripts/Medco transaction, participating in the proposed revision to the Hart-Scott-Rodino regulations affecting pharmaceutical “pipeline” transactions, and participating in the development of guidelines for Accountable Care Organizations (ACOs)
  • While at the FTC, provided enforcement recommendations for over a dozen hospital merger and provider integration investigations; helped prepare a concurring opinion for the FTC’s adjudicative proceeding challenging ProMedica’s hospital merger
  • Lead drafter of the FTC’s liability opinion in the North Carolina Dental matter, which addressed the ability of state medical boards to restrict competition; the opinion was upheld by the Fourth Circuit Court of Appeals
  • Published articles on antitrust enforcement and policy related to REMS, biosimilars, and FDA citizen petitions 

Telecommunications and Media

  • Represented a leading telecom firm before the DOJ in one of the largest successful telecom mergers in history
  • Represented a leading content provider before the DOJ and FCC in connection with one of the largest media transactions

Financial Services

  • Represented one of the largest US banks before the FTC in connection with ABL financing for a transaction under review by the FTC
  • Provided advice to investors on a variety of pending mergers and acquisitions
  • Represented private equity funds in mergers and acquisitions before the FTC and DOJ

Contact Details

Washington

T +1.202.639.6553
F +1.202.879.8983
darrentucker@velaw.com
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037-1701
Local time: 1:39 PM
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Darren's Practices

  • University of Pennsylvania Law School, J.D., 1998
  • The College of William and Mary, B.A., 1995
  • Admitted to practice: District of Columbia, U.S. Court of Appeals for the District of Columbia, Circuit U.S. District Court for the District of Columbia, U.S. Supreme Court
  • From 2009-2013, Darren served as an attorney advisor to Commissioners Joshua D. Wright and J. Thomas Rosch at the FTC. In that role, Darren advised on all aspects of the FTC’s competition mission, including staff enforcement recommendations, litigation strategy, and policy matters. He also drafted official opinions, statements, speeches, articles, and testimony. Notable matters on which Darren worked while at the FTC include the 2010 Horizontal Merger Guidelines; the North Carolina Dental, Realcomp, ProMedica, and Polypore adjudicative proceedings; the Express Scripts/Medco merger; and the 2011 Accountable Care Organization enforcement policy. This experience allows Darren to provide valuable insights to clients regarding competition enforcement and policy issues.
  • Clerkship to Judge Edmund Ludwig of the US District Court for the Eastern District of Pennsylvania (1998 - 1999)
  • Selected to Super Lawyers (Thomson Reuters), 2018
  • Recognized as a “Future Leader” for being one of the top antitrust lawyers under the age of 45, Global Competition Review and Who’s Who Legal, 2017
  • Legal 500 U.S., Antitrust – Cartel, Antitrust - Civil Litigation/Class Actions, and Antitrust – Merger Control, 2016 and 2017
  • Recognized, U.S. News & World Report and Best Lawyers 2017 Practice Group of the Year for Antitrust Law (2017)
  • Nominee: Concurrences’ Antitrust Writing Award (2014 - 2015)
  • Adjunct Professor: Antonin Scalia Law School at George Mason University (Fall Semester 2017)
  • Editorial Chair: ABA Antitrust Source (2009–2015)
  • Member: Law360 Competition Editorial Advisory Board (2011–2016)
  • Leadership: ABA Section of Antitrust Law (2006–present)