Daniel Ferrel McInnis
Dan is a skilled antitrust lawyer whose clients appreciate his dedication, creativity, and depth of experience. He handles all the major aspects of the practice, including civil litigation, cartel matters, mergers and acquisitions, and counseling. Based in Washington, D.C., he represents clients before the Federal Trade Commission and the Department of Justice’s Antitrust Division, as well in matters brought by state attorneys general. Dan also handles a diverse range of consumer protection matters, including the evolving area of privacy regulation, and is an experienced litigator in complex general litigation.
Dan’s antitrust litigation experience encompasses a broad range of civil and criminal matters in federal courts, including class actions and multidistrict litigation. He has handled price fixing matters, monopolization civil cases, patent infringement-related antitrust counterclaims, Robinson-Patman Act claims and unfair business practices claims brought under state law. He has represented companies both as defendants' and plaintiffs’ counsel.
An additional focus of Dan’s practice is handling criminal antitrust investigations. He represents companies and individuals responding to grand jury subpoenas and providing testimony to grand juries. He has handled national and international matters, coordinating multijurisdictional investigations. Dan has negotiated pleas and successfully garnered immunity for an individual executive.
With significant experience as an antitrust deal counsel, Dan has represented clients in connection with antitrust investigations of mergers and acquisitions, including over 20 investigated deals, either through the Hart-Scott-Rodino process or post-deal investigations. He also has been involved in the rare merger litigation involving either the Department of Justice or the Federal Trade Commission.
Dan’s antitrust practice encompasses significant matters involving a wide range of industries, including supermarket retailing; soft drinks; coffee; consumer products; energy and energy distribution; publishing; technology, including semiconductors and online sales and payment; electronic goods; telecommunications; pharmaceuticals, biotech and medical devices; and transportation.
In the area of consumer protection, Dan represents clients dealing with all facets of the FTC’s Bureau of Consumer Protection, including investigations and litigation, advertising counseling, rulemakings, policy studies and reports, 6(b) industry-wide investigations, negotiating consent decrees and legislative efforts. Recently, he has advised clients on investigations of telemarketing and telefunding efforts, advertising practices, the evolving regulation of the collection and use of personal information, deceptive health and food advertising, rebate and pricing practices in the retailing industry, financial regulation and credit reporting, and the recent legislative activity regarding privacy. He also defends clients in FTC investigations and enforcement actions and protects their interests in litigation under state consumer protection statutes and the Lanham Act.
Dan also has significant experience in handling complex civil litigation.
From 1994 to 1995, Dan served as a law clerk for the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and from 1993 to 1994, he was an extern law clerk for the Honorable James L. Buckley of the U.S. Court of Appeals for the D.C. Circuit.
A representative sampling of Dan’s experience includes:
Civil Litigation & Criminal Defense Matters
- Serving as lead trial counsel for book publisher Penguin (USA) Inc. in the eBooks action brought and tried by the U.S. Department of Justice – named by Global Competition Review as the Behavioral Matter of the Year (2013–Americas) – as well as in over 30 cases brought by state attorneys general and private class actions.
- Serving as lead trial attorney in a competitor-plaintiff antitrust and business torts action in New Jersey federal district court.
- Representing a state in investigating and preparing a preliminary injunction action related to a corporate acquisition by a global agricultural products and services provider.
- Representing a global electronics manufacturer in the DRAM grand jury investigation and ultimate plea and related civil litigation.
- Defending The Coca-Cola Company in PepsiCo v. Coca Cola, a leading monopolization and distribution case brought under Section 2 of the Sherman Act.
- Representing a transportation company CEO in a cartel investigation.
- Representing a foreign executive in an auto parts criminal investigation.
- Representing a global telecommunications company in a long-distance telephone reseller case alleging antitrust and business tort claims.
Antitrust Merger Matters
- Representing Starbucks in its acquisition of Seattle’s Best Coffee Co.
- Defending a global provider of 3D printing products and services in Section 7 litigation.
- Representing a major supermarket retailer who was a key witness in the FTC’s lawsuit against Whole Foods.
- Representing multiple supermarket retailers in both company-wide and store-by-store acquisitions, including providing pre-deal counseling, advocating deals to the FTC, and negotiating divestures.
- Representing a major food and agricultural company in investigated mergers and related divestitures.
- Representing radio and outdoor advertising companies in multiple investigated deals related to series of acquisitions in various advertising markets.
FTC/DOJ Regulatory Matters
- Representing a client in a post-merger FTC investigation of an alleged non-Hatch-Waxman “reverse payment” case involving FTC scrutiny of the client’s patent portfolio.
- Defending a major supermarket chain in an FTC slotting fees investigation.
- Representing clients and clients’ interests in antitrust matters before members of Congress and congressional committees.
FTC Consumer Protection Matters
- Representing three related movie companies and their principal in potentially precedent-setting telemarketing litigation involving an attack on charitable fundraising activities.
- Defending a trade association’s public-service advertising campaign with resolution through a consent decree.
- Negotiating a precedent-setting consent decree on behalf of a data aggregation company in what was the largest privacy civil penalty action in FTC history.
- Defending an international entertainment and media corporation, a major pharmaceutical company and various direct marketing companies in FTC consumer protection investigations.
- “New Vertical Merger Guidelines Face Bipartisan Calls for Stronger Antitrust Enforcement,” Thompson Hine Business Law Update, Spring 2020
- “12 Tips for Facing Down an Antitrust Investigation,” Thompson Hine Business Law Update, Fall 2019
- “Appeals Court Affirms Denial of Fuel Surcharge Class Certification,” Thompson Hine Transportation Update, August 2019
- “Time to Dust Off Your Antitrust Compliance Efforts? Major DOJ Policy Shift Designed to Reward Companies that Do,” Thompson Hine Antitrust Law Update, July 2019
- “An Empirical Look at Motion to Dismiss Practice in Antitrust Cases,” Thompson Hine Antitrust Law Update, May 2019
- “Generic Drugs: Biggest Price-Fixing Case Ever?,” Thompson Hine Antitrust Law Update, March 2019
- “Franchise Systems Attacked by Slew of Antitrust No-Poach Class Actions,” Thompson Hine Antitrust Law Update, November 2018
- "Hot Wheels, Plain Vanilla Deals: Should Hub-and-Spoke Conspiracies Be Per Se Rule of Reason,” ABA section of Antitrust Law, Cartel & Criminal Practice Committee Newsletter, Winter 2018
- “Court Denies Class Certification in Rail Freight Fuel Surcharge Antitrust Litigation,” Thompson Hine Transportation Update, October 2017
- “FTC Announces Updated HSR Thresholds for 2017.” Thompson Hine Antitrust, Competition & Trade Regulation Update, January 26, 2017
- “Antitrust Agencies’ Annual HSR Report Reveals Increases in Filings, Scrutiny of Large Deals & Enforcement,” Thompson Hine Antitrust, Competition & Trade Regulation Update, October 2016
- “Class Certification Hearing Format Set in Fuel Surcharge Litigation,” Thompson Hine Transportation Update, July 2016
- “New Fuel Surcharge Litigation Class Certification Hearing Dates,” Thompson Hine Transportation Update, April 2016
- “HSR Insights: 2016 Thresholds for Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act),” Thompson Hine Antitrust, Competition & Trade Regulation Update, January 25, 2016
- “Is Your Native Advertisement or Sponsored Content Deceptive?”, Thompson Hine Consumer Protection & Trade Regulation Update, January 2016
- “Antitrust Division Vows to Sue More Company Executives in Civil Antitrust Actions,” Thompson Hine Antitrust, Competition & Trade Regulation Update, December 2015
- “Found Money – Benefiting From Class Action Recoveries,” Thompson Hine Business Law Update, Fall 2015
- “Antitrust Agencies’ Merger Review Data Demonstrate More Filings, Bigger Deals and Continued Enforcement,” Thompson Hine Antitrust, Competition & Trade Regulation Update, September 2015
- “Maximizing Recovery in the Antitrust Claims Administration Process,” Thompson Hine Antitrust, Competition & Trade Regulation Update, August 2015
- "North Carolina State Board of Dental Examiners v. Federal Trade Commission: Opening the Door to Scrutiny of State Regulatory Actions," Thompson Hine Antitrust Update, February 2015
- “The American Express Decision: A Counseling Lesson on Antitrust Risk,” Thompson Hine Antitrust, Competition & Trade Regulation Update, February 2015
- “Is Jury’s Verdict In IPod Antitrust Litigation Irrelevant?” Law360.com, December 16, 2014
- “Small Deals Spurring Big Antitrust Problems,” The Deal.com, December 2014
- “Expert’s Potential Conflict Delays Fuel Surcharge Litigation,” Thompson Hine Transportation Update, December 2014
- “When Does Social Media Use Create a Product Endorsement?,” Thompson Hine Business Litigation Update, July 2014
- "3 Key Trends In Antitrust Merger Review," Law360.com, June 9, 2014
- Editor, Proof of Conspiracy Under Federal Antitrust Law, 2010
- Senior editor, Antitrust Law Journal symposium edition for antitrust and empirical economics issue (74:2)
- “Noerr Pennington Doctrine: Understanding the FTC Report,” February 2007
- American Bar Association Section of Antitrust Law; former senior editor, Antitrust Law Journal
- Republican National Lawyers Association
- The Federalist Society
- Vice Chair, Agriculture and Food Committee, Antitrust Section, ABA
- Antitrust Advisor Board, Strafford Publications