
David C. Smith

2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037

David’s principal practice area is antitrust, with experience across multiple areas of antitrust law. His experience includes extensive work on the review of mergers by antitrust enforcement agencies, both in the United States and worldwide. He also has assisted at all stages of civil litigation from complaint to trial, including motions to dismiss, summary judgment, and class certification, as well as in appellate matters, civil and criminal investigations, and antitrust counseling. His experience covers many sectors of the economy, with a particular focus in the energy, transportation, and technology sectors. David also has experience regarding the intersection of antitrust and intellectual property. The following is a list of representative matters on which David has worked.
Experience Highlights
Represented a major fuels wholesaler and retailer in merger investigation and Second Request
Coordinated worldwide merger control filings in multiple industries, including retail fuels, oil terminals, shipping, technology products, and entertainment (including substantive interactions with antitrust authorities in numerous jurisdictions)
Successfully represented an airline in appellate proceedings in In re Delta/AirTran Baggage Fee Antitrust Litigation, an MDL class action alleging price-fixing of checked baggage fees
Assisting in the representation of an airline in In re Domestic Airline Travel Antitrust Litigation, an MDL putative class action alleging that the major airlines conspired to restrict domestic capacity
Assisted in the representation of a large parts manufacturer in the Department of Justice’s automotive parts investigation and related civil litigation
Assisted in the representation of a technology products company in an antitrust/IP dispute
Assisted in the representation at trial of a technology services provider in a conspiracy and monopolization case brought by a major customer
He spent six months on secondment to a leading global technology company in the Bay Area
Credentials
- University of Virginia School of Law, J.D., 2010 (Order of the Coif, Articles Editor, Virginia Journal of International Law)
- University of Virginia, B.A., Government & History with high distinction, 2007
- Selected to the Washington DC Rising Stars list, Super Lawyers (Thomson Reuters), 2015-2020
- Legal 500 U.S., Antitrust: Cartel, 2019; Antitrust: Merger Control, 2020
- Member: American Bar Association
- Virginia
- District of Columbia
- Deals & CasesFebruary 17, 2021
- InsightFebruary 3, 2021
V&E Antitrust Update
- Deals & CasesJanuary 14, 2021
- Deals & CasesJanuary 13, 2021
- InsightJanuary 7, 2021
V&E Antitrust Update
- Deals & CasesNovember 4, 2020
- Deals & CasesOctober 20, 2020
- Deals & CasesSeptember 1, 2020
- Deals & CasesJuly 20, 2020
- Rankings & AwardsJune 16, 2020
- Rankings & AwardsApril 17, 2020
- InsightJanuary 29, 2020
V&E Antitrust Update
- InsightJanuary 15, 2020
V&E Antitrust Update
- Deals & CasesJanuary 15, 2020
- Deals & CasesSeptember 18, 2019
- Phillips 66 and Plains All American Announce Strategic JV and Sanctioning of Red Oak Pipeline SystemDeals & CasesJune 11, 2019
- Rankings & AwardsMay 30, 2019
- V&E+April 30, 2019
- Rankings & AwardsApril 19, 2019
- InsightFebruary 19, 2019
V&E Antitrust Transactional Update E-communication
- Press ReleaseJanuary 22, 2019
- InsightJanuary 7, 2019
V&E Antitrust Update
- Deals & CasesSeptember 28, 2018
- InsightSummer 2018
First published in ABA Section of Antitrust Law – Cartel & Criminal Practice Committee Newsletter
- InsightMay 23, 2018
V&E Antitrust Update E-communication
- Rankings & AwardsApril 23, 2018
- InsightApril 16, 2018
V&E Antitrust Update E-communication
- InsightMarch 26, 2018
V&E Antitrust Update E-communication
- Deals & CasesMarch 13, 2018
- Deals & CasesFebruary 21, 2018
- InsightJanuary 26, 2018
- InsightNovember 30, 2017
- Deals & CasesOctober 6, 2017
- InsightAugust 3, 2017
As recently discussed in an article in Law360 (behind paywall), Acting Director of the Federal Trade Commission’s Bureau of Consumer Protection (“FTC” and “BCP,” respectively) Thomas Pahl recently…
- “Antitrust Agencies Finalize Updates to IP Licensing Guidelines,” V&E Antitrust Update E-communication, January 18, 2017 (co-author)
- “Shifting Sands: Cost-and-Fee Allocation in International Investment Arbitration,” 51 Va. J. Int’l L. 749, 2011
- “Sunk Ships Seal Lips: The 1989 Salvage Convention’s Absence From American Law,” ABA Admiralty and Maritime Law Committee Newsletter, Spring 2011
News & Insights
V&E Antitrust Update