Danyll W. Foix

Partner

Washington, D.C.
T +1.202.861.1596
F +1.202.861.1783

Overview

Dan Foix represents clients in commercial disputes, with a particular focus on antitrust litigation, investigations and class actions. Serving a number of clients in the agriculture and food industries, Dan also advises on agricultural issues such as strategies for commodities procurement and marketing practices. Having represented both plaintiffs and defendants in large matters, Dan brings a comprehensive perspective to litigation. Understanding the importance of developing arguments that address all angles of a matter, he focuses on details and distills case information into applicable arguments in order to advocate effectively for his clients.

Dan is also the editor of and a regular contributor to BakerHostetler's Antitrust Advocate blog and the antitrust newsletter, providing information and commentary on the latest developments in the antitrust litigation sector.

Select Experience

  • One of the principal attorneys representing a certified class of dairy farmers in northeastern states in an action alleging violation of sections 1 and 2 of the Sherman Act by unlawfully conspiring to eliminate competition for the marketing, sale and purchase of raw milk in the Northeast.
  • One of the principal attorneys representing a certified class of dairy farmers located in 14 southeastern states against Dean Foods, Dairy Farmers of America and a number of other defendants in an action alleging violations of sections 1 and 2 of the Sherman Act by unlawfully conspiring to eliminate competition for the marketing, sale and purchase of raw milk in the Southeast. The litigation was settled successfully for more than 70 percent of alleged damages. 
  • Member of a team representing a large manufacturing client, providing ongoing advice and counsel as well as representation during any litigation that may arise. Has served as a key team member in litigation regarding antitrust, dealer termination, breach of contract and fraud claims. Also delivers day-to-day advice in connection with the client's business practices and methods of operation.
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Experience

  • One of the principal attorneys representing a certified class of dairy farmers in northeastern states in an action alleging violation of sections 1 and 2 of the Sherman Act by unlawfully conspiring to eliminate competition for the marketing, sale and purchase of raw milk in the Northeast.
  • One of the principal attorneys representing a certified class of dairy farmers located in 14 southeastern states against Dean Foods, Dairy Farmers of America and a number of other defendants in an action alleging violations of sections 1 and 2 of the Sherman Act by unlawfully conspiring to eliminate competition for the marketing, sale and purchase of raw milk in the Southeast. The litigation was settled successfully for more than 70 percent of alleged damages. 
  • Member of a team representing a large manufacturing client, providing ongoing advice and counsel as well as representation during any litigation that may arise. Has served as a key team member in litigation regarding antitrust, dealer termination, breach of contract and fraud claims. Also delivers day-to-day advice in connection with the client's business practices and methods of operation.
  • Represented a food company in a hostile dispute with a rival corporation over the misappropriation of product packaging trade secrets. The three-year matter was resolved via settlement of all claims reached on the eve of trial.
  • Represented a global news company in a U.S. Department of Justice investigation of a proposed merger. The client received clearance following an intensive second request for information.
  • Represented a group of insurance companies and individuals in a U.S. Department of Justice investigation of alleged anticompetitive pricing practices. The investigation closed following limited discovery, with no action taken by the government.
  • Represented an oil company in an investigation of a potential price-fixing claim against a service provider. The matter was later settled.  
  • Represented a food and beverage company in a Federal Trade Commission investigation of a proposed acquisition. Obtained acquisition clearance.
  • Represented a class of tobacco growers in price-fixing actions against tobacco dealers and cigarette manufacturers. Recovered funds for the clients in a series of settlements after extensive litigation, with a remaining defendant settling at trial.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2015)
    • Recommended in Antitrust - Civil litigation/class actions
  • Washington, D.C. "Super Lawyer" (2014 to 2017)

Memberships

  • American Bar Association

Admissions

  • U.S. District Court, District of Minnesota
  • U.S. District Court, District of Columbia
  • U.S. Court of Appeals, Second Circuit
  • District of Columbia
  • Minnesota

Education

  • J.D., University of Minnesota Law School, 1998, Journal of Law & Inequaliity, Managing Editor (1997-98) and Staff Editor (1996-97)
  • B.A., University of Minnesota, 1995

Blog

In The Blogs

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Antitrust Advocate
Trump’s Pick for Department of Justice Antitrust Division Chief
May 4, 2017
Last month we discussed Supreme Court Justice Neil Gorsuch’s confirmation hearings. Specifically, we noted the Senate Judiciary Committee’s failure to nail Gorsuch down on key antitrust issues, including issues he handled as an experienced...
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Antitrust Advocate
The Senate’s Uneventful Gorsuch Confirmation Hearing
April 25, 2017
Recently, we discussed in prior articles the antitrust legacy of Neil Gorsuch, currently a judge on the U.S. Court of Appeals for the Tenth Circuit and nominee for the Supreme Court of the United States. Gorsuch has significant antitrust...
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Antitrust Advocate
Case Closed! FTC Announces New Processes for Potentially Ending Investigations
April 20, 2017
Earlier this week, the Federal Trade Commission’s Acting Chair, Maureen K. Ohlhausen, announced new and potentially meaningful processes to be implemented by the agency for reviewing and ending some investigations. Responding to President...
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Antitrust Advocate
Antitrust Legacy of High Court Nominee Gorsuch in Private Practice
April 4, 2017
Last month, we discussed the antitrust jurisprudence of Neil Gorsuch, currently of the U.S. Court of Appeals for the Tenth Circuit judge and nominee to the Supreme Court of the United States. Our discussion focused on three of Gorsuch’s...
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Antitrust Advocate
The Antitrust Points of View of Supreme Court Nominee Neil Gorsuch
February 21, 2017
Last March, we wrote a series of articles discussing Supreme Court Justice Antonin Scalia’s antitrust legacy on the Supreme Court. We noted Scalia’s admitted discomfort with the Sherman Act, specifically with holding corporate defendants...
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