David Young is a senior attorney in Ropes & Gray’s antitrust practice group and was named as one of Best Lawyers’ “Ones to Watch” for Antitrust in 2024. David focuses his practice on antitrust civil litigation and transactional matters, including representation of clients in civil and merger investigations before the Federal Trade Commission and Department of Justice Antitrust Division. David has advised clients in a wide range of industries, including health care systems and biotechnology clients, software and communications firms, and transportation and logistics providers. David regularly provides advice on antitrust compliance programs, vertical distribution and pricing issues, and the intersection of antitrust and intellectual property.

Experience

Representative Antitrust Transactional Matters include: 

  • Represented non-profit hospital system in a Second Request and merger litigation related to acquisition by leading health care system in Northern New Jersey.
  • Represented Bloomberg on antitrust aspects of its planned acquisition of Broadway Technology, a cutting-edge provider of high-performance front-office fintech solutions.
  • Represented Bain Capital in sale of controlling stake in major industrial products manufacturer through a Second Request and settlement with the Federal Trade Commission.
  • Represented Charter Communications and employees in connection with the AT&T/Time Warner merger investigations and trial.
  • Represented Bain Capital in $18 billion acquisition of Toshiba Memory Corporation; transaction cleared in United States without a Second Request.
  • Represented Access in its acquisition of assets of Arkive Information Management; transaction cleared without a Second Request.
  • Represented AlticeUSA in multiple merger investigations and matters concerning conduct by third parties.
  • Represented magazine publisher in acquisition of magazine assets; transaction cleared without a Second Request.
  • Represented TPG in its successful sale of DataQuick for $661 million after a Second Request.
  • Represented Google in its $2.35 billion sale of Motorola Home to Arris without a Second Request.
  • Represented Cubist in its $1.24 billion acquisitions of Trius and Optimer without a Second Request.
  • Represented Becton Dickinson in in its successful sale of its Discovery Labware unit to Corning for $730 million, despite a Second Request.

Representative Litigation Matters include:

  • Counsel to leading non-profit health care system in civil class action related to tying, anti-steering, price transparency and other alleged antitrust violations.
  • Counsel to leading non-profit health care system on contract and transparency practices.
  • Counsel to a global pharmaceutical company Lanham Act suit related to a competitors’ false and misleading marketing of unapproved drug products as FDA-approved generics for client’s NDA-approved prescription drug. Defended against counterclaims of antitrust and state law violations and reached favorable settlement.
  • Counsel to technology firm in ongoing Department of Justice investigation into standard-setting practices.
  • Counsel to medical device corporation in ongoing litigation with competitor relating to exclusive supply arrangement.
  • Beltran v. Interexchange (D. Col.): Senior associate on litigation team representing putative defendant in class action litigation involving antitrust, contract, and FSLA claims. Successfully opposed plaintiffs’ motion to join client into the litigation.
  • In re Air Cargo Shipping Services Antitrust Litigation (E.D.N.Y.): Senior associate on litigation team representing Fortune 500 airline in class action price fixing litigation.
  • Retrophin v. Questcor Pharmaceuticals (C.D. Cal.): Senior associate on the litigation team defending Questcor in a monopolization suit brought by putative competitor.
  • Cablevision v. Viacom (S.D.N.Y.): Represented Cablevision in lawsuit challenging Viacom for unlawfully tying its programming networks; successfully opposed motion to dismiss and obtained settlement.
  • Counseled Google in government antitrust investigations into intellectual property practices and antitrust exemptions and immunities.

Pro Bono Practice

  • Extensive experience representing individuals in pro bono public benefits matters, guiding clients through all stages of claims for Social Security disability benefits, from initial applications, requests for reconsideration, and hearings before administrative law judges, as well as challenges to overpayments and appeals to the Social Security Appeals Council and U.S. District Court. Represented clients before the D.C. Office of Administrative Hearings and the D.C. Court of Appeals on unemployment claims, Medicare and Medicaid benefits disputes, and Supplemental Nutritional Assistance Program (SNAP) matters.
    • Jacob v. Berryhill, No. 1:15-cv-00600-DAR, 2017 WL 1194165 (D.D.C. Mar. 30, 2017): Represented Social Security claimant seeking Supplemental Security Income benefits. Obtained summary judgment with substantially all relief sought from District Court.  
    • Project Vote v. Kemp, No. 1:16-cv-2445-WSD, 2016 WL 5092512 (N.D. Ga. Sept. 20, 2016): Lead a litigation team representing a voting rights advocacy group seeking to inspect Georgia’s voter registration records under the National Voter Registration Act of 1993 prior to the 2016 general election. The team successfully obtained a preliminary injunction granting substantially all of the relief sought and defended against a motion to dismiss.

Areas of Practice