Daniel N. Anziska

Antitrust Litigation

• In a seminal group boycott case, represented Bauer Publishing, one of five publishers sued by magazine wholesaler Anderson News, 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 U.S. District Court for the Southern District of New York granted summary judgment, dismissing the case which sought $371 million in damages, which was affirmed by the Second Circuit.
• Represented the largest electrical union chapter in the U.S. in a group boycott case brought by contractors with laborers affiliated with members of a rival union. After extensive discovery, the U.S. District Court for the Southern District of New York granted summary judgment finding that the proof did not support an inference of collusion. The Second Circuit affirmed the decision.
• Represented 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. This was the first antitrust plaintiff to advance this theory to the summary judgment stage of litigation. 
• Represented the Consumer Data Industry Association in obtaining dismissal with prejudice by the U.S. District Court for the Southern District of New York of a claim that it monopolized credit reporting guidelines.    
• Represented a battery component company in connection with a monopolization claim asserted against it in the U.S. District Court for the Western District of North Carolina. The matter was successfully resolved. 
• Represented a multinational optical lens company in the District Court for the Eastern District of Virginia in asserting a patent misuse defense in connection with a patent infringement claim asserted against it.
• 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 motion to dismiss, which was affirmed by the Ninth Circuit.
• Represented an artificial tree manufacturer in defending against bid-rigging and predatory pricing claims in U.S. District Court of Minnesota. The antitrust claims were voluntary dismissed. 
• Represented clients on confidential criminal antitrust investigations and successfully convinced the U.S. Justice Department to avoid pursuing criminal charges.

Mergers, Acquisitions, and Antitrust Counseling

• Represents 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.
• Counsels clients on joint ventures, pricing strategies, commercial agreements, and benchmarking. 

CFIUS/Export Controls

• Represents China/Taiwan-based and U.S. clients on a broad range of strategic and regulatory issues, including CFIUS and EAR, on investments and acquisitions in the U.S.
• Represented a North Carolina joint venture backed by a China state-owned entity that produced rail freight cars in North America. Following a Congressional-initiated investigation, obtained CFIUS clearance without mitigation after 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.
• Represented an insurance software company in a CFIUS-initiated investigation; successfully received clearance after an initial 45-day review of the CFIUS submission. 
• Represented a foreign acquirer of undersea cable on CFIUS submission in coordination with a Team Telecom review; received clearance absent any mitigation.  

Renewables, Electric Vehicles, and Battery Supply Chain

• Represents renewables developers on various supply chain issues, including impacts of tariffs/duties, domestication, and sanctions (UFLPA).
• Represents domestic electric vehicle manufacturers on regulatory, compliance, and disputes.
• Represents a battery component company on regulatory issues and market growth.

Representative matters may include engagements before joining Troutman Pepper.

• Moderator, " Ouch & Never Again: Anti-Circumvention/Biden Moratorium," Infocast Solar + Wind Finance & Investment Summit, March 13, 2023.
• 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?"

• Co-author, " Updated IRS Guidance on Critical Minerals and Battery Components Has Demonstrable, Ongoing Implications for Domestic and Foreign EV Manufacturing," Troutman Pepper, April 11, 2023.
• Co-author, " Newly Released CFIUS Enforcement and Penalty Guidelines," Troutman Pepper, October 28, 2022.
• Co-author, " EO Provides CFIUS Guidance on Conducting National Security Reviews," Troutman Pepper, September 26, 2022.
• Co-author, " Third Circuit: Non-Pharmaceutical Cases," GCR - US Courts Annual Review (Third Edition), June 2022.
• Co-author, " FTC Requires Divestitures in Gasoline Terminal Deal," Troutman Pepper, June 30, 2022.
• Co-author, " Executive Order Throws Down the Gauntlet for a New Era of Antitrust Enforcement," Troutman Pepper, July 16, 2021.
• Co-author, " FTC Meeting Opens the Door to a Period of Greater Uncertainty," Troutman Pepper, July 6, 2021.
• Co-author, " IRS Rules on Section 45Q Eligibility for Separately Owned and Subsequently Installed Property at Qualified Facility ," Troutman Pepper, July 6, 2021.
• Co-author, " Lina Khan Selected as FTC Chair," Troutman Pepper, June 23, 2021.
• Co-Author, " State Enforcers Expanding Premerger and Antitrust Jurisdiction Over Healthcare Transactions: Guidance for This Growing Trend," The American Bar Association, December 2020.
• Co-author, " COVID-19 Hits Global Merger Antitrust Enforcement: Potential Considerations," COVID-19 Resource Center, March 23, 2020.
• Co-author, " Recent CFIUS Developments Indicate Renewed Commitment to Enforcement," Troutman Sanders, April 30, 2019.
• Co-author,  "Proving Antitrust Damages: Legal and Economic Issues," Third Edition, June 2017.

• Quoted, " Auto Cos. Gain Little Clarity In EV Battery Sourcing Rule," Law360, March 31, 2023.
• Quoted, " The Most Closely Watched Merger Reviews of 2020," Law360, January 1, 2020.
• Quoted, " Two Agencies, Two 'Nascent Competitor' Merger Challenges," Law360, December 18, 2019.
• Quoted, " 5 Questions Attys Want Answered By CFIUS Rulemaking," Law360, August 30, 2019.
• Quoted, " 3 Unexpected Ways CFIUS Reviews Can Be Triggered," Law360, March 7, 2018.
• Quoted, " DraftKings, FanDuel Can Focus on DFS Legalization Post-Deal," Law360, July 17, 2017.
• Quoted,  "Generic Drug Price-Fixing Suits Just Tip of the Iceberg," Law360, January 6, 2017.

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

• Recognized in The Legal 500 United States for Antitrust: Civil Litigation/Class Actions: Defense (2022)
• Super Lawyers: New York (2013-2021)