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  • Dylan Carson
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Dylan Carson

Partner

Antitrust and Competition
Contact
  • dcarson@manatt.com
  • Phone: 202.585.6680
  • Download vCard
  • Washington, D.C.
Bar Admissions
  • California

    Colorado

    Washington D.C.

    Massachusetts

    New York

Education
  • Suffolk University Law School, J.D., 1997

    Vassar College, B.A., History, 1994

Services
  • Antitrust and Competition
  • Litigation
  • Profile
  • Experience
  • Honors & Awards
  • Memberships
  • Publications
Profile

Profile

Dylan Carson is a trial attorney with major experience in antitrust litigation, federal and state government antitrust investigations, and competition law counseling. For more than 20 years, Dylan has represented clients in federal and state court antitrust trials, before judges and juries, as both plaintiff and defendant. A former trial attorney at the Antitrust Division of the U.S. Department of Justice (DOJ), Dylan is among the short list of antitrust attorneys to have successfully prosecuted and defended high-stakes merger trials. In private practice, he has represented clients before federal and state antitrust enforcers, including the Antitrust Division, the Federal Trade Commission (FTC) and state attorneys general.

Dylan offers clients his knowledge of public and private antitrust enforcement in Washington, D.C., and around the country to navigate the complexities of civil and criminal enforcement and private litigation. He has advised clients on shepherding mergers and acquisitions through the approval process, handling federal and state government antitrust investigations, prosecuting and defending private antitrust actions, and crafting compliance programs to avoid the risk of antitrust enforcement and treble damages actions. He has represented parties involved in merger and civil nonmerger investigations in diverse industries, including media and telecommunications, real estate, health care, e-commerce, online platforms, energy generation and distribution, finance, casinos, and food and soft drinks.

While at the Antitrust Division, Dylan received the Attorney General’s Award for Distinguished Service, which is the second highest award for employee performance at the DOJ. He was also honored with the Assistant Attorney General Award of Distinction—the highest Antitrust Division performance award—three years in a row for his investigation and litigation efforts. Some of his most impactful work includes being one of the key trial lawyers in courtroom challenges to two of the largest mergers in history as well as in a challenge to a dominant technology firm’s attempt to acquire an innovative rival.

Experience

Experience

At the DOJ, served as trial attorney representing United States:

  • Represented the DOJ in three-week merger trial in District of Columbia seeking to block $108 billion merger of country’s largest video distributor with largest content provider.
  • Represented the DOJ in three-week merger trial in District of Columbia seeking to block $54 billion combination of two of the largest national health insurers. The merger was enjoined.
  • Represented the DOJ in the investigation of the $26 billion merger of two of four national wireless carriers. The merger challenge was resolved by consent decree.
  • Represented the DOJ in a Northern District of California challenge to a dominant payment network’s proposed $5 billion acquisition of a nascent financial technology competitor under Sherman Act Section 1 and Clayton Act Section 7. The merger was abandoned.
  • Represented the DOJ in a two-week merger trial in the District of Delaware seeking to block the proposed $360 million merger of travel technology companies. The merger was abandoned.
  • Represented the DOJ in Sherman Act Section 1 and Clayton Act Section 7 litigation in the Middle District of Pennsylvania regarding a hospital’s $100 million acquisition of ownership interest in its close competitor. The litigation was resolved by consent decree.
  • Represented the DOJ in a Sherman Act Section 1 litigation in the Central District of California alleging information sharing among video distribution competitors regarding a regional sports network. The litigation was resolved by consent decree.
  • Represented the DOJ in a Sherman Act Section 2 investigation of an Internet search provider for monopoly maintenance in search advertising.

In private practice:

  • Outside litigation counsel for the California Attorney General in a price-fixing case against global gasoline trading firms.
  • Trial counsel on the defense team that successfully opposed the FTC’s challenge to a proposed merger in the baby food business after a two-week merger trial in the District of Columbia.
  • Trial counsel on the defense team for a major international telecommunications firm in a three-week antitrust trial in Orange County (California) Superior Court regarding the alleged tying of a telephone service and a high-voltage protection service. The jury rendered a 12-0 defense verdict.
  • Trial counsel for a state public utility authority in a two-week administrative trial at the U.S. Federal Energy Regulatory Commission regarding market power in the New England power generation market.
  • Litigation counsel for the defendants in opposing DOJ Antitrust Division’s challenge of a merger of submersible turbine petroleum pump manufacturers.
Honors & Awards

Honors & Awards

Attorney General’s Award for Distinguished Service, U.S. Department of Justice Antitrust Division

Assistant Attorney General Award of Distinction, U.S. Department of Justice Antitrust Division

Memberships

Memberships

Admitted to practice in California, Colorado, the District of Columbia, Massachusetts and New York

Publications

Publications

Co-author, “Health Care Is in DOJ’s Criminal Antitrust Crosshairs,” Law360, April 8, 2022.

Co-author, “Location, Location, Location: Real Estate Will Continue to Be an Antitrust Hotspot in 2022,” Inman News, February 2, 2022.

Co-author, “The Curious Case of the Vertical Merger Guidelines,” Global Competition Review, October 6, 2021.

Co-author, “What Food Industry Can Expect After Biden Antitrust Order,” Law360, July 23, 2021.

Co-author, “Pharma Cos. Can Expect Harsh Antitrust Scrutiny From Biden,” Law360, April 28, 2021.

Co-author, “Circuits Reinforce Split Over When Noerr-Pennington Shields Serial Litigants,” The Antitrust Source, February 2021.

Author, “Putting the Tunney in Tunney Act: Will Evidentiary Hearings Become the Main Event after CVS/Aetna,” The Antitrust Source, August 2020.

Co-author, “Off-Label Use of the Cartwright Act: Will Cipro Require State Courts to Assess Federal Patent Validity in Pay-for-Delay Cases?” Competition, The Journal of the Antitrust, UCL and Privacy Section of the State Bar of California, Fall 2015.

Dylan in the News

  • 09.12.23

    Manatt Welcomes Former DOJ Antitrust Enforcer in Washington, D.C.

    Dylan Carson’s extensive trial and courtroom experience in public and private antitrust enforcement further strengthens Manatt’s national antitrust...



Dylan's Newsletters

  • 09.26.23

    Fresh Off the Grill: No-Poach Agreements May Lead to Per Se Antitrust ...

    No-poach agreements, wherein companies agree not to solicit or hire employees away from a competitor, have been targeted by the White House, the ...

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