D. Jarrett Arp
A partner in Davis Polk’s Litigation Department, practicing in the Washington DC office, Mr. Arp focuses on antitrust and competition law counseling, investigations, and litigation before trial and appellate courts. He has assisted clients in investigations before more than 40 government authorities across 20 jurisdictions around the globe, and is recognized by Chambers as “a veteran litigator, proven both at trial and appellate levels.” Clients quoted by Chambers describe Mr. Arp as “extraordinarily talented” and a “strategic thinker” who “sees things coming better than anyone I know [and] can walk into any regulator in the world[,] speak their language and put forward an excellent case.”
Mr. Arp’s deep antitrust experience includes the representation of major corporations, financial institutions and individuals in both U.S. and international competition law matters, including more than 30 significant cartel investigations, antitrust-related U.S. grand jury investigations and numerous civil antitrust lawsuits.
In his cartel defense practice, Mr. Arp has secured several significant declinations for clients, in which antitrust authorities ultimately declined to bring charges and closed their investigations. He has been involved in plea negotiations and/or immunity applications in multiple jurisdictions, including Australia, Austria, Brazil, Canada, China, the European Union, Germany, Hong Kong, India, Japan, Mexico, the Netherlands, New Zealand, Singapore, South Africa, Switzerland, Taiwan, Turkey, the United Kingdom and the United States.
A member of the District of Columbia and Brussels Bars and a solicitor of England and Wales, Mr. Arp regularly speaks and consults on international cartel enforcement policy and practice.
Mr. Arp’s representations before joining Davis Polk include the following.
Cartel Defense and Related Litigation
- Major financial institution in the global LIBOR and foreign exchange investigations, and in a wide range of related class action and other civil litigation matters in U.S. courts
- Generic drug manufacturer in investigation and negotiation of a precedent-setting deferred prosecution agreement, and in various federal court class action and related litigation alleging price fixing in the generic drug industry
- International shipping company in U.S. grand jury investigation of alleged market allocation in the global container shipping industry. Brought investigation to a close without charges.
- Magazine distributor in investigation of alleged multi-decade market allocation agreement. Brought investigation to a close without charges.
- European air cargo carrier in international price-fixing investigation and related U.S. antitrust class action litigation
- Belgian chemicals manufacturer in international investigation of price-fixing in rubber chemicals industry, and multiple related U.S. federal and state court class action and other litigation matters
- Vitamin manufacturer in U.S. grand jury price-fixing investigation
- Dutch chemicals manufacturer in international price-fixing and related investigations related to monochloroacetic acid, organic peroxides and other products, and multiple related class action and opt-out litigation matters throughout the United States
- Various individuals in connection with allegations of price-fixing, bid rigging. and/or similar conduct in certain chemicals, real estate, food and automotive sales markets. This included advising them as witnesses or defendants in related civil antitrust litigation.
Antitrust Civil Litigation
- McDonalds in national class action alleging improper employee no-poach agreements between McDonald’s and its franchisees
- McDonald’s in successful defense against franchisee claim of bid rigging under Section 1 of the Sherman Act
- Hudson News against claims of an alleged conspiracy to monopolize magazine wholesale markets
- ConocoPhillips in defending antitrust class action claims related to industry sharing of salary and benefits data
- American Airlines in the successful defense of predatory pricing case brought by DOJ
- Atlantic Coast Airlines in successful antitrust lawsuit to block hostile takeover attempt
- Intel against FTC charges of monopolization
- BMC Software in defending against monopolization counterclaim asserted in trade secret litigation
- Union Carbide in asserting antitrust, tort and contract claims against polypropylene industry competitors
- Random House in the defense of Robinson-Patman Act claims asserted by competitors
Mr. Arp is consistently recognized as a top antitrust lawyer in industry publications, including:
- Band 1, Antitrust: Cartel - USA, Chambers Global
- Band 1, Antitrust: Cartel - USA - Nationwide, Chambers USA
- Antitrust: Litigation Specialists - District of Columbia, Chambers USA
- Chair, ABA/IBA International Cartel Workshop (co-chair, 2012-2018; chair, 2020-present)
- Member, Council, ABA Antitrust Law Section (2019-present)
- Member, ABA International Cartel Taskforce (member, 2012-14; ex officio, 2015-present)
- Author, Antitrust Criminal Investigations, Defending Corporations and Individuals in Government Investigations (West, 2011-2019 eds.)
- Editor-in-Chief, Antitrust Report (2002-2010)
- Associate Editor, Antitrust magazine (1999-2008)
- Adjunct Professor, Washington & Lee University Law School (2002-2005)
- Vice Chair, Board of Governors, Folger Shakespeare Library (2019-present)
- Captain, U.S. Army’s 101st Airborne Division (1992-1994)
- Partner, Davis Polk, 2020-present
- Partner, Gibson, Dunn & Crutcher, 2002-2020
- Associate, Gibson, Dunn & Crutcher, 1994-2001