Dan McCuaig is a partner in Cohen Milstein’s Antitrust practice, where he represents a broad range of individual and class plaintiffs pressing antitrust (and other) claims in civil litigation. He also is an antitrust thought leader who regularly writes and speaks on cutting edge competition issues, as well as serving as a member of Law360’s Competition Editorial Advisory Board.
Immediately prior to joining Cohen Milstein, Dan was a trial attorney in the Antitrust Division of the U.S. Department of Justice for more than a decade. There, he led investigation and litigation teams in both criminal and civil matters related to price fixing, bid rigging, anticompetitive mergers, and other antitrust law violations.
As a criminal prosecutor at the DOJ, Dan led the investigation and prosecution of antitrust, fraud, and obstruction of justice claims against corporations and individuals. He was the principal trial attorney in related plea hearings, sentencings, and before grand juries, and successfully generated significant charges and guilty pleas. Even while carrying out his prosecutorial duties, Dan continued to provide expertise on major Antitrust Division civil actions, such as its successful challenge to the proposed merger between Anthem and Cigna—in which Dan cross-examined Anthem expert economist Robert Willig at trial.
While a civil litigation trial lawyer at the DOJ, Dan oversaw the government’s investigation into the e-books price fixing conspiracy litigated in In Re Electronic Books Antitrust Litigation (S.D.N.Y.), involving Apple and five major publishers, and played a principal role in the government’s successful trial of Apple. Leading up to that trial, Dan coordinated with foreign enforcement agencies, 33 state attorneys general, and private plaintiffs’ counsel, and negotiated consent decrees with all publisher defendants. More generally, Dan investigated competitive effects of proposed mergers in media, sports, real estate, and tangential industries, as well as potential anticompetitive effects of non-merger activity in the same industries and negotiated divestitures and consent decrees to remedy anticompetitive aspects of mergers and non-merger activities.
Prior to his work with the DOJ, Dan was counsel at a prestigious international white collar and corporate defense firm, where, in addition to civil antitrust defense work, he focused on telecommunications disputes before the FCC, state public service commissions, and state and federal courts.
Dan is the author of Epic v. Google Offers Courts Chance to Correct Course on “Right to Repair,” ProMarket (January 2024); How to Handle Big Tech Acquisitions Under Uncertainty, ProMarket (May 2023); and Halve the Baby: An Obvious Solution to the Troubling Use of Trademarks as Metatags, 18 J. Marshall J. Computer & Info. L. 643 (Spring 2000). He also is a co-author of Telecommunications Convergence Overview (with William T. Lake and Thomas P. Olson), 698 PLI/Pat 9 (May 2002).
Law360 Editorial Advisory Board – Competition (2023, 2024)
- U.S. Department of Justice, Antitrust Division, Washington Criminal II (2014 – 2019)
- U.S. Department of Justice, Antitrust Division, Litigation III (2007 – 2014)
- District of Columbia
- Harvard Law School, J.D., cum laude, 2000
- The George Washington University, B.A., summa cum laude, 1995
Law Clerk, the Hon. Algenon L. Marbley, U.S. District Court, Southern District of Ohio (2000 – 2001)
Current Cases
All Wrapped Up Signs and Graphix LLC v. Visa Inc.
All Wrapped Up Signs and Graphix LLC v. Visa Inc. (S.D.N.Y.): Cohen Milstein filed a putative class action on behalf of plaintiff All Wrapped Up Signs and Graphix LLC alleging that Visa Inc. violated the Sherman Act and various state antitrust laws by (1) monopolizing and attempting to monopolize, and (2) reaching agreements not to compete in and in restraint of trade of, the market for debit transactions in the United States.
In re Da Vinci Surgical Robot Antitrust Litigation
In re Da Vinci Surgical Robot Antitrust Litigation (N.D. Cal.): Cohen Milstein serves as Interim Co-Lead Counsel in this consolidated antitrust class action against Intuitive Surgical, Inc. Plaintiffs allege that Intuitive engages in an anticompetitive scheme under which it ties the purchase or lease of its must-have, market-dominating da Vinci surgical robot to the additional purchases of (i) robot maintenance and repair services and (ii) unnecessarily large numbers of the surgical instruments, known as EndoWrists, used to perform surgery with the robot—a violation of Sections 1 and 2 of the Sherman Act.
Pacific Steel Group v. Commercial Metals Company, et al.
Pacific Steel Group v. Commercial Metals Company (N.D. Cal.): Cohen Milstein represents Pacific Steel Group, a steel rebar fabricator, in challenging the lawfulness of an agreement extracted by one of the world’s largest steel companies (CMC) from the world's only manufacturer of steel rebar micro mills to refuse to build a micro mill for Pacific Steel in any location that could threaten CMC's rebar monopoly in Southern California or otherwise allow Pacific Steel to become a more formidable competitor in the downstream rebar fabrication market.
Stock Loan Antitrust Litigation
Iowa Public Employees Retirement System, et al. v. Bank of America Corp., et al. (S.D.N.Y.): Cohen Milstein is co-counsel in this groundbreaking putative class action, in which investors accuse Wall Street banks of engaging in a group boycott and conspiring to thwart the modernization of and preserve their dominance over the $1.7 trillion stock loan market. On September 4, 2024, the court granted final approval of a historic $580 million cash settlement and significant injunctive relief against defendants Morgan Stanley, Goldman Sachs, UBS, JP Morgan, Credit Suisse, and EquiLend. Litigation against Bank of America continues.
Yuen, et al. v. IDEXX Laboratories, Inc.
Yuen, et al. v. IDEXX Laboratories, Inc. (N.D. Cal.): Cohen Milstein is Interim Co-Lead Class Counsel in this putative antitrust class action which alleges that IDEXX engaged in an anticompetitive scheme, causing pet owners to pay artificially inflated prices for inhouse point-of-care (“POC”) analyzers, consumables, and single-use rapid test kits used by veterinarians to diagnose and treat family pets.
- Lawdragon 500, Leading Plaintiff Financial Lawyers (2020-2024)
October 31, 2024
‘Absurd Costs’? Visa Faces Antitrust Class-Action Surge Following DOJ Complaint
At least four antitrust class actions allege Visa forced merchants and consumers to pay artificially inflated prices for debit card transactions, mirroring the allegations of a U.S. Department of Justice complaint. Plaintiffs’ attorneys have filed multiple antitrust class actions against Visa Inc. following the Sept. 24 U.S. Department of Justice complaint alleging the global payments […]
In the News | The National Law Journal
October 28, 2024
Rebar Giant Pushed ‘Hands-Off Calif.’ Deal, Antitrust Jury Told
Commercial Metals Co.'s ex-CEO conceded during a federal antitrust jury trial Monday that the Texas rebar giant pushed micromill-maker Danieli Corp. into a "hands-off California" exclusivity provision barring Danieli from developing most Golden State rival mills days after discovering Pacific Steel Group was planning to build a mill in Southern California with Danieli.
In the News | Law360
October 23, 2024
Texas Rebar Giant Accused Of Crushing Rivals As Trial Opens
Pacific Steel Group’s counsel told a California federal jury during trial openings Tuesday that Texas rebar giant Commercial Metals Co. used anticompetitive tactics to “crush” competition and drive up rebar prices in the Golden State, while CMC’s counsel said evidence will show PSG can only blame itself for its problems. The parties’ opening statements kicked […]
In the News | Law360
September 10, 2024
Clash of the Titans: Google and US Attorneys Kick Off Ad Tech Trial with Clash Over Defining the Market
Are the technologies that power online advertising all part of one giant market, or are there distinct markets within the multibillion-dollar industry? The answer is critical to Google’s defense in an antitrust case brought by the US Justice Department that went to trial on Monday in a packed Alexandria, Va., courtroom. “Market definition, not just […]
In the News | Yahoo! Finance
June 10, 2024
Breaking Down the Closing Arguments in US v Google
It’s been called the ‘antitrust trial of the century’ – U.S. v Google, the DOJ and state AGs’ case against Google’s alleged search monopoly. In this episode of Trust and Trade ABA Podcast, three of the top antitrust trial lawyers in the country talk about the tactics and strategies of both sides, the effectiveness of […]
Multimedia | Trust and Trade Podcast - ABA Antitrust Law Section
May 7, 2024
Biden Admin’s Amicus Programme a Boon for Private Enforcement
The Biden Administration’s desire to intensify antitrust enforcement transcends its own litigation, with the Department of Justice and Federal Trade Commission making arguments helpful to private plaintiffs at a record pace. All but two of the 51 statements of interest and amicus briefs submitted by the DOJ and FTC since President Biden’s inauguration have advanced […]
In the News | GCR
April 16, 2024
Justice Dept. to Hit Concert Promoter Live Nation With Antitrust Lawsuit
The Justice Department plans to file an antitrust lawsuit against concert promoter Live Nation, people familiar with the investigation confirmed Tuesday. The specific allegations remain unclear, and the timing of a lawsuit is uncertain. The Justice Department declined to comment. But performers, politicians, scholars, rival promoters and other ticket sellers have argued that Live Nation […]
In the News | The Washington Post
March 20, 2024
Five Cohen Milstein Attorneys Selected for Law360 Editorial Advisory Boards
Five of Cohen Milstein’s attorneys have been appointed to serve on Law360 editorial advisory boards for its Benefits, Competition, Consumer Protection, Discrimination, and Wage & Hour sections. The editorial advisory boards provide feedback on Law360’s coverage and expert insight on how best to shape future coverage.
In the News | Law360
February 27, 2024
As DOJ Case v. Apple Approaches, Did Apple Shoot Itself in the Foot with Conduct Following Epic Games Ruling?
With a Department of Justice lawsuit appearing imminent, Apple (AAPL) may have provided last-minute evidence to bolster the DOJ’s case against its potentially anticompetitive behavior in the wake of the Epic Games trial. . . . “Whether Apple’s “compliance” with Judge Gonzalez Roger’s order is anticompetitive is a trickier question than you might think,” said […]
In the News | The Capitol Forum
December 13, 2023
Epic Games/Google: Precedent from Apple Case Could Save Tech Giant, Experts Say
A jury verdict finding Google liable for monopolising two Android app markets may be vulnerable to reversal due to conflicting precedent in Epic Games’ litigation against Apple, according to some antitrust experts. After three hours of deliberations on Monday, a federal jury in California sided with Epic Games and determined that Google illegally monopolised Android […]
In the News | GCR
January 30, 2024
JetBlue Says It May Back Out of Deal to Acquire Spirit Airlines
Spirit said it saw “no basis” for termination. Just last week, both airlines said they intended to appeal a judge’s decision blocking the deal. JetBlue Airways said on Friday that it might back out of a $3.8 billion acquisition of Spirit Airlines after a federal judge blocked the deal. The announcement came just a week […]
In the News | The New York Times
January 16, 2024
Epic v. Google Offers Courts Chance To Correct Course on “Right To Repair”
Following the Federal Trade Commission’s 2021 publication of “Nixing the Fix: An FTC Report to Congress on Repair Restrictions,” private “right to repair” cases have multiplied against companies that leverage their market power in a “primary equipment market” (e.g., tractors) to force their customers also to purchase their offerings in “aftermarkets” (e.g., tractor repairs) that […]
Articles | ProMarket
December 4, 2023
How Will the Jury Decide Epic v. Google? An Antitrust Lawyer Weighs In
After the ends of Epic v. Google day 13 and day 14, where it became painfully obvious, I am not a legal expert, I figured I should probably talk to one! My biggest question was how the heck we’re going to get from a bunch of competing theories about what market definition should be to […]
In the News | The Verge
May 4, 2023
How To Handle Big Tech Acquisitions Under Uncertainty
By Daniel McCuaig The Federal Trade Commission recently failed to stop Meta’s acquisition of virtual reality company Within, while the Department of Justice is now attempting to mitigate Google’s monopolization of the online “ad tech stack” by unwinding its 2008 purchase of DoubleClick. Daniel McCuaig outlines the parallels between the two cases and argues that […]
Articles | ProMarket
May 3, 2023
Three Cohen Milstein Attorneys Selected for Law360 Editorial Advisory Boards
MAY 3, 2023 FOR IMMEDIATE RELEASE Press Contact: cohenmilstein@berlinrosen.com THREE COHEN MILSTEIN ATTORNEYS SELECTED FOR LAW360 EDITORIAL ADVISORY BOARDS Legal Insights Sought in Areas of Benefits, Competition, and Wage & Hour Washington D.C. – Cohen Milstein, one of the nation’s leading plaintiff-side law firms, has announced that three partners have been selected to serve on […]
Press Releases | Cohen Milstein
January 27, 2023
Google Faces Rare Jury Trial in DOJ Bet on Public’s Tech Unease
DOJ seeks a jury trial to sidestep conservative judges Legal experts say the legal theory echoes the Microsoft case The Justice Department’s newest suit against Alphabet Inc.’s Google includes a surprising request: a jury trial. Federal antitrust lawyers typically opt to present their cases directly to a federal judge. But in its second suit against […]
In the News | Bloomberg
January 26, 2023
Old Biz, New Court, Big Breakup: Inside The New Google Suit
The U.S. Department of Justice wants to break up Google’s highly profitable advertising business, and it wants to do it fast, according to a new complaint that adds to the company’s other battles against four different and overlapping government enforcement actions. Tuesday’s complaint, joined by a contingent of state attorneys general, is the second DOJ […]
In the News | Law360
January 26, 2023
Meet the Judge Overseeing DOJ’s 2nd Antitrust Case Against Google
Judge Leonie Brinkema’s 30 years on the bench have featured a few significant antitrust cases. What You Need to Know U.S. District Judge Leonie Brinkema was assigned to the DOJ’s antitrust lawsuit against Google. Brinkema was appointed to the bench in 1993 by Bill Clinton. The government wants court to unwind Google’s 2008 acquisition of […]
In the News | The National Law Journal
July 27, 2022
Pet Owners Say IDEXX Illegally Cornered Test Kit Market
Pet owners across the country hit IDEXX Laboratories with a proposed class action Monday in California federal court, accusing the animal health diagnostic services company of abusing its monopoly power and throttling the competition, which purportedly led to artificially inflated prices of test kits. In a lengthy, 92-page complaint alleging violations of antitrust and numerous state consumer protection laws, […]
In the News | Law360
July 1, 2022
Judge Says Stock Loan Antitrust Class Should Be Certified
A federal magistrate judge has called for the partial certification of a proposed class of investors who accused major banks including JPMorgan and Goldman Sachs of colluding to kill competition in the stock loan market, saying that the class meets all the necessary requirements, but the class period should not be expanded. U.S. Magistrate Judge […]
In the News | Law360
July 1, 2022
Stock-Loan Case Against Goldman, Other Banks Takes Step Toward Class Certification
Pension funds allege “group boycott” of startup platforms in stock loan market Manhattan federal judge in 2018 declined to dismiss case Credit Suisse in February first to settle, for $81 million A Manhattan federal judge on Thursday recommended the certification of a class of investors who have alleged Goldman Sachs Group Inc, JPMorgan Chase & […]
In the News | Reuters
February 11, 2022
Credit Suisse to Pay $81M to Exit Stock Loan Antitrust Suit
Credit Suisse has agreed to pay investors $81 million to be the first bank to exit a putative New York federal court class action accusing banks of colluding to kill competition in the stock loan market, the investors said in a bid for preliminary approval of the so-called icebreaker deal Friday. As a part of […]
In the News | Law360
February 9, 2022
Daniel McCuaig to Present The Evolving Standards for Antitrust Class Certification
Daniel McCuaig, a partner in Cohen Milstein’s Antitrust practice, will speak at the Knowledge Group’s Webinar on February 9, 2022 at 3:00 p.m. EST. Mr. McCuaig, a former was a trial attorney in the Antitrust Division at the U.S. Department of Justice for more than a decade, will participate in the program, titled “The Evolving […]
Events
January 31, 2022
Daniel McCuaig to Speak on DOJ Challenge to Merger of Book Publishers
Daniel McCuaig, a partner in Cohen Milstein’s Antitrust practice, will speak at the ABA’s Antitrust Law Section Webinar on January 31, 2022 at 1:00 p.m. EST. Mr. McCuaig, a former was a trial attorney in the Antitrust Division at the U.S. Department of Justice for more than a decade, will participate in the program, titled […]
Events | ABA’s Antitrust Law Section Webinar
November 19, 2020
DOJ Keeps Heat on Advisers Despite Quiet End to Bain Case
The U.S. Department of Justice put deal makers on notice last month with a very public rollout of a lawsuit blasting Bain & Co. for withholding documents regarding Visa Inc.’s latest mega-deal. The lawsuit sought enforcement of a civil investigative demand, or CID, for documents the consulting firm generated advising the credit card giant on […]
In the News | Law360
October 30, 2020
Cohen Milstein, Scott & Scott Both Want to Lead FICO Fight
Both of the firms vying for interim lead counsel spots in antitrust litigation against Fair Isaac Corp. agree that the matter ought to be split in two, but that didn’t stop aspersions from being cast as they sought to make their case before an Illinois federal court. Cohen Milstein Sellers & Toll PLLC and Scott […]
In the News | Law360
February 11, 2020
FTC Goes Toe-To-Toe-To-Toe With Qualcomm, DOJ
The Federal Trade Commission is slated to defend its antitrust win over Qualcomm’s licensing practices before the Ninth Circuit on Thursday in what could be the most public display yet of an intense divide between the nation’s two antitrust enforcers. The U.S. Department of Justice’s Antitrust Division was granted permission to participate in the oral […]
In the News | Law360