
Darren Tucker

2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037





Darren Tucker is the chair of the firm’s antitrust practice group, where he focuses on merger and non-merger antitrust investigations in the technology, energy and pharmaceutical sectors. Darren draws on both his experience as a former Federal Trade Commission attorney and his more than 15 years in private practice to provide valuable insights to clients regarding competition enforcement and policy issues. He advises clients on a range of pricing and distribution issues and helps clients close mergers, acquisitions and joint ventures worth billions of dollars annually.
In addition to representing clients before the Department of Justice and the Federal Trade Commission, Darren has extensive experience on competition matters outside the U.S., having counseled clients on antitrust matters in Europe, Canada, Japan, China, South Korea, Taiwan, Russia and Australia. He is skilled at collaborating with local counsel around the world, and he is among the few attorneys whose practice includes global dominance investigations. In 2017, Global Competition Review recognized him as one of the leading antitrust lawyers under the age of 45.
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 has taught an advanced antitrust seminar as an adjunct professor at Antonin Scalia Law School at George Mason University and has served in various editorial advisory positions for publications such as Antitrust Law Developments, the ABA’s Antitrust Source and Law360 Competition. 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.
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
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
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
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
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
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
Credentials
- University of Pennsylvania Law School, J.D., 1998
- The College of William and Mary, B.A., 1995
- 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)
- Chambers USA, Antitrust (District of Columbia), 2020
- Selected to the Washington D.C. Super Lawyers list, Super Lawyers® (Thomson Reuters), 2018-2020
- The Best Lawyers in America© (BL Rankings, LLC), Antitrust Law, 2019-2021
- 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, 2016-2017 and 2019-2020; Antitrust: Civil Litigation/Class Actions – Defense, 2016-2017, 2019 and 2020; Antitrust: Merger Control, 2016-2017, 2019 and 2020
- 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)
- 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
- CLE EventFebruary 10, 2021Webcast
- InsightJanuary 7, 2021
V&E Antitrust Update
- Deals & CasesNovember 19, 2020
- Deals & CasesNovember 9, 2020
- Deals & CasesNovember 4, 2020
- Deals & CasesOctober 20, 2020
- The V&E ReportOctober 2, 2020
- Rankings & AwardsAugust 20, 2020
- InsightAugust 7, 2020
Published in Antitrust, Vol. 34, No. 3, Summer 2020, © 2020 by the American Bar Association
- InsightJuly 8, 2020
V&E Antitrust Update
- Energy EvolutionJune 22, 2020
V&E Antitrust Update
- Deals & CasesJune 18, 2020
- Rankings & AwardsJune 16, 2020
- Rankings & AwardsApril 23, 2020
- Rankings & AwardsApril 17, 2020
- V&E+March 9, 2020
- Deals & CasesFebruary 4, 2020
- InsightJanuary 29, 2020
V&E Antitrust Update
- InsightJanuary 22, 2020
V&E Antitrust Update
- InsightJanuary 15, 2020
V&E Antitrust Update
- Rankings & AwardsAugust 15, 2019
- InsightVol. 33, Summer 2019
First Published in ABA’s Antitrust
- Phillips 66 and Plains All American Announce Strategic JV and Sanctioning of Red Oak Pipeline SystemDeals & CasesJune 11, 2019
- Rankings & AwardsMay 30, 2019
- Rankings & AwardsApril 19, 2019
- Deals & CasesMarch 25, 2019
- Deals & CasesMarch 6, 2019
- Deals & CasesFebruary 26, 2019
- Deals & CasesFebruary 21, 2019
- InsightFebruary 19, 2019
V&E Antitrust Transactional Update E-communication
- Deals & CasesFebruary 19, 2019
- Event RecapJanuary 17, 2019
- InsightJanuary 7, 2019
V&E Antitrust Update
- V&E+December 5, 2018
- Deals & CasesNovember 27, 2018
- Deals & CasesNovember 19, 2018
- Deals & CasesSeptember 28, 2018
- Deals & CasesJune 28, 2018
- InsightJune 27, 2018
V&E Antitrust Update
- InsightJune 19, 2018
V&E Antitrust Update
- Deals & CasesJune 18, 2018
- Event RecapJune 13, 2018
- InsightMay 23, 2018
V&E Antitrust Update E-communication
- InsightMay 14, 2018
V&E FTC Update E-communication
- Rankings & AwardsApril 23, 2018
- Press ReleaseFebruary 1, 2018
- InsightJanuary 25, 2018
V&E Antitrust Update E-communication
- InsightVol. 18, No. 3
First published in Antitrust Law Journal
- InsightMay 2015
First published in CPI Antitrust Chronicle
- InsightDecember 2014
First published by American Bar Association
- InsightVol. 29, No. 1
First published in Antitrust Magazine
- “Is Digital the Dawn of a New Day or Just a Big Ditto?” Antitrust Economics Workshop at Fordham University School of Law, September 11, 2019 (panelist)
- “Advocating Before the Agencies: White Paper & Meetings,” Antitrust Law 2019 Spring Meeting, March 27, 2019 (panelist)
- “2018 Antitrust Developments in the Energy and Chemical Industries,” Energy Series, V&E Houston Office, January 17, 2019 (speaker)
- “FTC Updates Guidance on Premerger Due Diligence and Negotiations (Sharing But Not Oversharing),” Energy Series, V&E Houston Office, June 13, 2018 (speaker)
- Antitrust Claims Against Google Are Ridiculous Because Consumers Are Not Getting Harmed | The Daily Caller, February 23, 2018
- REMS: The Next Pharmaceutical Enforcement Priority? | Antitrust Magazine, Vol. 28, No. 2, 2014
- Internet Ready: Agency Enforcement of Online Mergers | Antitrust Magazine, Vol. 26, No. 1, p. 80, Fall 2011
- Emerging Theories of Competitive Harm in Merger Enforcement | Antitrust Source, October 2011
- Effective Advocacy Before the Commission | Antitrust Magazine, Vol. 24, No. 3, 2010
- Antitrust Risk-Shifting Provisions in Merger Agreements After the Financial Collapse | Antitrust Source, April 2009
- Seventeen Years Later: Thoughts on Revising the Horizontal Merger Guidelines | Antitrust Source, October 2009
- FTC Merger Enforcement after CCC/Mitchell: A Response to Slater | The Threshold, Vol. 10, No. 1, Fall 2009
- Keeping the Engagement Ring: Apportioning Antitrust Risk with Reverse Breakup Fees | Antitrust Magazine, Vol. 22, No. 3, 2008
- The Customer is Sometimes Right: The Role of Customer Views in Merger Investigations | Journal of Competition Law and Economics, Vol. 3, Issue 4, pp. 551-607, 2007
- The Elephant in the Room: Litigating the Fix after Arch Coal and Dairy Farmers | Antitrust Source, January 2006
- The Merger Guidelines Commentary: Practical Guidance and Missed Opportunities | Antitrust Source, May 2006
- FDA Citizen Petitions: A New Means of Delaying Generic Entry? | Antitrust Health Care Chronicle, Vol. 20, No. 3, p. 10, 2006