FacultyFaculty/Author Profile

D. Jarrett Arp

Gibson, Dunn & Crutcher LLP

Washington, DC, USA

D. Jarrett Arp is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm's Antitrust and Trade Regulation Practice Group, where his practice focuses on domestic and international antitrust and competition law counseling and litigation.

Mr. Arp has significant experience in a wide range of private and government antitrust litigation matters. He has appeared on behalf of domestic and international clients before U.S. federal, state and various appellate courts, as well as before the American antitrust enforcement agencies. In addition, he regularly advises clients with respect to antitrust law aspects of proposed mergers, acquisitions, joint ventures, information sharing activities, pricing conduct, vertical restraints, franchising, and other competition law matters. His experience includes a variety of industries, including publishing,chemicals, pharmaceuticals, petroleum, plastics, microprocessors, airline, music, software, Internet, and retail food services.

Mr. Arp is recognized in independent publications that list leading antitrust lawyers, including Chambers USA's America's Leading Business Lawyers; Practical Law Company's Competition: The Law and Leading Lawyers World; Global Competition Review's The International Who's Who of Competition Lawyers, and the IFLR Guide To The World's Leading Competition & Antitrust Lawyers. Mr. Arp was also recognized in the Washingtonian's December 2004 review of "Top Lawyers" in Washington, D.C.

Mr. Arp's representative matters include the following:

  • The representation of American Airlines in United States v. AMR Corp., 140 F. Supp. 2d 1141 (D. Kan. 2001), aff’d,335 F.3d 1109 (10th Cir. 2003), where American obtained summary judgment in a predatory pricing case brought by the U.S. Department of Justice.
  • The representation of Atlantic Coast Airlines in Atlantic Coast Airlines Holdings, Inc. v. Mesa Air Group, Inc., 295 F.
  • Supp. 2d 75 (D.D.C. 2003), its federal lawsuit to block a hostile takeover attempt in 2003, leading to a preliminary injunction that preserved Atlantic Coast's independence.
  • The representation of multiple domestic and international companies in connection with an array of international cartel investigations and antitrust-related U.S. grand jury investigations – including plea negotiations and/or amnesty applications in the United States, Canada, and the EU. Recent highlights include persuading U.S. enforcement authorities to close without prosecution or other action a grand jury investigation of a major wholesale magazine distributor.
  • The representation of Phillips Petroleum in lawsuits asserting a violation of § 1 of the Sherman Act in connection with information sharing activities among major oil companies.
  • The defense of Intel Corporation against Federal Trade Commission charges of monopolization (FTC Docket No. 9288).
  • The defense of U.S. and international companies in a wide range of antitrust lawsuits, including class actions involving allegations of price fixing and other antitrust-based claims before state and federal courts throughout the United States. Recent matters include the following:
  • Arguing and obtaining a dismissal with prejudice in Latinoquimica v. Akzo Nobel et al., 2005-2 Trade Cases 74,974, 2005 U.S. Dist. LEXIS 19788 (S.D.N.Y. Sept. 7, 2005), a class action alleging price fixing and filed in the United States District Court for the Southern District of New York on behalf of a putative class of worldwide foreign purchasers of MCAA, an industrial chemical;
  • Arguing and obtaining a unanimous reversal and dismissal by the South Dakota Supreme Court in Frankenfeld v. Crompton Corp. et al., 2005 S.D. 55 (2005), an indirect purchaser class action asserting pricefixing claims under state law against certain manufacturers of rubber-processing chemicals.
  • Arguing and securing an important victory for international antitrust defendants in May 2007, persuading a U.S. District Court to apply principles of international comity to protect from discovery in U.S. litigation confidential correspondence between a European client and the European Commission.

Mr. Arp is the General Editor of Antitrust Report, the quarterly U.S. law periodical published by Matthew Bender and Lexis/Nexis. He also serves as an Associate Editor of the American Bar Association's Antitrust magazine, an editor of the annual update to the ABA Antitrust Section's treatise, Competition Laws Outside the United States; and a contributor to the ABA Antitrust Section's treatise, Antitrust Law Developments. In addition, Mr. Arp serves on the faculty of the Practising Law Institute's Annual Advanced Antitrust Seminar, served as an Adjunct Professor of Law at Washington & Lee University Law School during 2002-2005 (teaching antitrust) and has written articles and delivered speeches in the United States and Europe addressing a variety of antitrust subjects, including predatory pricing and cartel enforcement policy and practice.

Mr. Arp also served previously as an officer and prosecutor with the 101st Airborne Division of the United States Army and as a Special Assistant United States Attorney for the Middle District of Tennessee. A member of the Virginia and the District of Columbia Bars, Mr. Arp received his law degree in 1991 from William and Mary School of Law, where he served as an Executive Editor of the William and Mary Law Review. He earned a bachelor of arts degree in Political Science from Wheaton College in 1988.


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