Danyll W. Foix

Partner

Washington, D.C.
T +1 202.861.1596  |  F +1 202.861.1783

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 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 marketing, sale, and purchase of raw milk in the Northeast United States.
  • One of the principal attorneys representing 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 marketing, sale, and purchase of raw milk in the Southeast United States. Litigation was settled successfully for more than 70 percent of alleged damages . 
  • Member of team representing large manufacturing client, providing ongoing advice and counsel as well as representation during litigations that may arise. Throughout ongoing representation, has served as key team member in litigations with antitrust, dealer termination, breach of contract, and fraud claims. Also delivers day-to-day advice in connection with client's business practices and methods of operation.
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Experience

  • One of the principal attorneys representing 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 marketing, sale, and purchase of raw milk in the Northeast United States.
  • One of the principal attorneys representing 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 marketing, sale, and purchase of raw milk in the Southeast United States. Litigation was settled successfully for more than 70 percent of alleged damages . 
  • Member of team representing large manufacturing client, providing ongoing advice and counsel as well as representation during litigations that may arise. Throughout ongoing representation, has served as key team member in litigations with antitrust, dealer termination, breach of contract, and fraud claims. Also delivers day-to-day advice in connection with client's business practices and methods of operation.
  • Represented food company in hostile dispute with rival corporation over misappropriation of product packaging trade secrets. Three-year matter was resolved via settlement of all claims reached on eve of trial.
  • Represented global news company in U.S. Department of Justice investigation of proposed merger. Client received clearance following intensive second request for information.
  • Represented group of insurance companies and individuals in U.S. Department of Justice investigation of alleged anticompetitive pricing practices. Investigation closed following limited discovery with no action taken by government.
  • Represented oil company in investigation of potential price fixing claim against a service provider. The matter was later settled.  
  • Represented food and beverage company in Federal Trade Commission investigation of proposed acquisition. Obtained acquisition clearance.
  • Represented class of tobacco growers in price fixing actions against tobacco dealers and cigarette manufacturers. Recovered funds for clients in series of settlements after extensive litigation, with remaining defendant settling at trial.

Recognitions

  • The Legal 500 United States (2015)
    • Recommended in Antitrust - Civil litigation/class actions
  • Washington, D.C. "Super Lawyer" (2014 to 2016)

Memberships

  • American Bar Association

Services

Admissions

  • U.S. District Court, District of Columbia
  • U.S. District Court, District of Minnesota
  • 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
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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Antitrust Advocate
What to Expect From FTC during Trump Administration: New Leader Illuminates
February 16, 2017
On Jan. 25, President Trump named Maureen Ohlhausen as the Federal Trade Commission’s acting chairwoman. A recent speech by Ohlhausen, who has served as a commissioner for the FTC since 2012, shed some light on the role the FTC may have...
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Antitrust Advocate
Carl Hittinger Examines American Monopolists through the Lens of History, Politics
February 2, 2017
Partner Carl Hittinger has authored a series of articles for The Legal Intelligencer that explores the history of select American monopolists by posing two fundamental questions: Why have some monopolists succeeded in gaining, maintaining...
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Antitrust Advocate
Abrams, Commins, Foix Author Article on Antitrust Suit Counterclaims
January 23, 2017
Partners Robert Abrams, Gregory Commins and Danyll Foix authored an article published in “The Antitrust Review of the Americas 2017,” published by Global Competition Review. Their article, “United States: Private Antitrust Litigation,”...
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Antitrust Advocate
FTC Still Ramping Up Antitrust Review of Health Care Mergers
December 15, 2016
Last month, we reported on the Federal Trade Commission’s (FTC) steady filing of injunctions to block what are effectively local mergers of small health care providers. In 2007, the FTC filed suit in Saint Alphonsus Medical Center v. St...
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