Daniel (Dan) Powers focuses his practice on antitrust litigation, counseling and regulatory matters. He assists clients in a variety of industries, including health care, pharmaceuticals, mobile communications, aerospace and defense.
Dan advises clients on antitrust issues in connection with pricing and distribution activities, and mergers and acquisitions. He has defended numerous transactions before the US Federal Trade Commission (FTC) and the Department of Justice (DOJ). He also works regularly with clients on matters relating to merger notifications under the Hart-Scott-Rodino Act (HSR).
Dan has successfully guided several hospital mergers through FTC review. He also has extensive experience litigating mergers challenged by the FTC under the 16 Code of Federal Regulations (CFR) Part 3 Rules. Dan writes frequently on health care antitrust topics and helps clients navigate the antitrust aspects of various emerging issues in the industry, including the impact of health care reform, the emergence of risk and value-based contracting regimes, and the development of integrated health care systems. Dan also regularly counsels health care clients and their employees on antitrust compliance for ordinary-course business activities.
Building upon prior work experience in digital technology and communications, Dan maintains a broad practice at the intersection of antitrust and intellectual property law. Dan is an active member of the American Bar Association (ABA) Antitrust Section’s Intellectual Property Committee and he writes frequently and counsels clients on the antitrust aspects of standard-setting organizations and standards-essential patents. He has helped clients advance antitrust counterclaims in intellectual property litigation in federal district court and handled patent misuse and patent exhaustion defenses in settlement negotiations and in cases before the International Trade Commission (ITC).
In addition, Dan is an active participant in McDermott’s pro bono activities. He has a particular interest in immigration law and has successfully represented clients seeking asylum or withholding of removal.
Previously, Dan worked as a senior researcher with the Presidential Advisory Commission on Holocaust Assets. He also taught and worked at a major university managing communications and new digital technologies. While in law school, he served as senior editor for the Georgetown Journal of International Environmental Law, and was a law fellow in the Legal Research & Writing program.
- Antitrust counsel to Mountain States Health Alliance in obtaining, over FTC staff opposition, approvals with antitrust immunity from Tennessee and Virginia for merger with Wellmont Health System
- Defended a health care client in a DOJ Sherman Act Section 1 investigation, resulting in negotiation of a favorable settlement agreement
- Represented a leading specialty and defense industry electronics materials manufacturer in the acquisition of a large materials manufacturer, obtaining early termination of HSR review and enabling significant expansion of the client’s product portfolio
- Represented a large regional health system in an FTC merger investigation, successfully obtaining clearance of a transaction combining two of three existing health systems in a major northeastern US city
- Represented a major alcoholic beverage company in a DOJ merger investigation, resulting in a favorable settlement that enabled the client’s acquisition of a new brand and manufacturing capacity
- Defended a major international electronics company against patent infringement claims relating to smartphones and tablet computers in an ITC administrative proceeding
- Represented a major regional hospital system in an affiliation, creating the second-largest health system in a northeastern US state
- Represented a leading dialysis clinic operator before the FTC, obtaining a favorable decision in its acquisition of a large nationwide chain of dialysis clinics
- Represented a national media company in connection with its acquisition of radio stations and communications properties
- The Legal 500 United States 2019
- American Bar Association, Antitrust Law Section
- American Health Lawyers Association
Georgetown University Law Center, JD, cum laude, 2009
Georgetown University, PhD, 1999
Georgetown University, MA, with distinction, 1996
Williams College, BA, magna cum laude, 1990
District of Columbia
Courts / Agencies
US District Court for the Eastern District of Michigan