Darren Tucker

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