Daniel N. Anziska

Partner

New York
Business Phone: 212.704.6009
Business Fax: 212.704.5906

daniel.anziska@troutman.com

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Dan Anziska focuses his practice on antitrust and related regulatory issues.

Dan has litigated a wide range of antitrust lawsuits, on both the plaintiff and defense side, in the construction, modeling, sports, publishing, energy, energy storage, security and healthcare industries. He also is a leading practitioner on antitrust / IP convergence issues and litigates cutting edge antitrust and patent misuse claims in this space.

His practice also focuses on counseling parties on antitrust issues with respect to mergers and acquisitions, including assessing potential competitive impacts of transactions, drafting relevant deal provisions and managing the substantive antitrust approval process with US and foreign competition agencies. To that end, Dan routinely advises clients on competition and national security (CFIUS) issues concerning China and Taiwan businesses, including coordination with China’s MOFCOM.

Dan similarly counsels clients on distribution, joint venture, licensing and trade association issues.

Dan is on the Executive Committee of the New York State Bar Association’s Antitrust Section and routinely speaks on panels addressing competition issues.

Recent Representative Matters

Antitrust Litigation

  • Counsel to Bauer Publishing, one of five publishers sued by magazine wholesaler Anderson News in 2009 for allegedly perpetrating a boycott to drive it out of business. After extensive discovery, Bauer successfully moved for summary judgment on the basis that Anderson could not support an inference of collusion. The 50-page SDNY court opinion dismissed the case which sought $371 million in damages. Currently on appeal.
  • Represented the largest electrical union chapter in the US in a boycott case brought by contractors with laborers affiliated with members of a rival union. After extensive discovery, the SDNY court granted summary judgment finding that the proof did not support an inference of collusion. The Second Circuit affirmed the decision.
  • Representing a commercial bank in asserting a monopolization claim against a large Patent Assertion Entity for its acquisition of, and enforcement activities with respect to, a patent portfolio.
  • Represented a manufacturer of battery separators in connection with a monopolization claim asserted against another battery separator manufacturer for a number of anticompetitive practices in the W.D. North Carolina. The matter was resolved.
  • Represented a multi-national lens company in the E.D. Virginia in asserting a patent misuse defense in connection with a patent infringement claim asserted against it. The matter was resolved.
  • Represented a public utility in an antitrust action brought by the California Attorney General alleging a conspiracy to overcharge California citizens for energy. The case was dismissed on a Rule 12 motion, which was affirmed by the Ninth Circuit.
  • Represented a speedway association in connection with an antitrust lawsuit filed by the owner of a speedway against it and NASCAR. The matter was resolved.
  • Represented a modeling company in putative antitrust class action filed in the SDNY.
  • Represented a college conference on antitrust issues in connection with the former BCBS college football Bowl system.
  • Represented clients on confidential criminal antitrust investigations and successfully convinced the U.S. Justice Department to avoid pursuing criminal charges.

Mergers and Acquisitions

  • Represent clients in connection with U.S. Justice Department (DOJ) / Federal Trade Commission (FTC) reviews, including with respect to responding to second requests.
  • Secured early HSR waiting period termination from DOJ and FTC in M&A deals involving automobile fleet transportation, hospital-physician practice acquisitions and other industries.
  • Counseled and coordinated foreign antitrust analyses for a Georgia broadband-equipment manufacturer on a $2.5 billion corporate acquisition that successfully cleared full HSR review by the U.S. Justice Department within 90 days.
  • Counseled data company in an acquisition that successfully cleared full HSR review by the DOJ following the issuance of second request.

CFIUS

  • Represents China / Taiwan-based and US clients on a broad range of strategic and regulatory issues on investments and acquisitions in the US.
  • Represented a North Carolina joint venture backed by a China State-Owned Entity that manufactures, assembles and sells rail freight cars in North America. Obtained CFIUS clearance without any mitigation following the minimum 75-day review period.
  • Represented a China-based industrial company before CFIUS in connection with its acquisition of a U.S. competitor. Among other things, the acquirer sold products to a country subject to UN sanctions and CFIUS rejected a previous effort by a China entity to acquire the target. Obtained CFIUS clearance without any mitigation following the 75-day review period.

Recent Speaking Engagements

  • Moderator for NYSBA Antitrust Section Panel – “Pharma To Table: What’s Hot?”
  • Panelist for NYSBA Antitrust Section Panel -- “Feeling Blue: Antitrust Challenges to Health Insurers in the post-Affordable Care Act World.”
  • Moderator for NYSBA Antitrust Section Panel – “What Hath Leegin Wrought? Has State Enforcement Served or Stymied the Public Interest?”

Publications

Professional and Community Involvement

  • American Bar Association, Antitrust Section
  • New York State Bar Association, Antitrust Section Executive Committee Member
  • Faculty Lecturer with the Practicing Law Institute

Rankings and Recognition

  • Named "2017 NY SuperLawyer" for Antitrust Litigation.
  • Selected as New York “Rising Star” in Antitrust Litigation by New York Super Lawyer Magazine-Metro Edition (2013-2015).

Professional Experience

  • Partner, Troutman Sanders LLP, 2005-present (partner since 2008) 

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Education

  • Fordham University, J.D., 2000
  • Yeshiva University, B.A., magna cum laude, 1997

Bar Admissions

  • New York

Court Admissions

  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • Supreme Court of the United States