Shawn Johnson is a partner and co-chair of Crowell & Moring's Antitrust Group and is located in the firm's Washington, D.C. office.
Shawn's practice involves antitrust counseling on a wide variety of subjects, with particular focus on transactional antitrust matters such as mergers, acquisitions, and joint ventures. He has guided numerous transactions through the U.S. and foreign antitrust/competition review process and is experienced at drafting and negotiating the antitrust aspects of complex transactions.
Shawn also regularly advises clients in connection with both grand jury and civil non-merger investigations, as well as issues related to compliance with the Hart-Scott-Rodino Act. Shawn has represented clients before the United States Department of Justice, the Federal Trade Commission, the European Commission, the Canadian Competition Bureau, the Federal Communications Commission, the Department of Defense, and many other foreign antitrust agencies and state attorneys general.
Shawn has extensive experience advising on antitrust issues in a broad range of industries, including healthcare, aerospace, defense, telecommunications, information technology, chemicals, metals, and natural resources.
Representative Merger Experience
- Representing United Technologies in connection with its $30 billion acquisition of Rockwell Collins, its $9 billion sale of Sikorsky to Lockheed Martin, and its $16.5 billion acquisition of Goodrich.
- Representing Humana in connection with its proposed $37 billion merger with Aetna, as well as its acquisitions of Arcadian Health, Curo Health Services, and the Kindred at Home division of Kindred Healthcare.
- Representing Coventry Health Care in connection with its $5.7 billion sale to Aetna.
- Representing Pratt & Whitney in connection with the $550 million sale of its Rocketdyne business unit to GenCorp.
- Representing Alcoa in connection with its $2.85 billion acquisition of Firth Rixson and its $1.5 billion acquisition of RTI International Metals.
- Representing AT&T (and previously SBC) in connection with numerous transactions, including its acquisitions of AT&T Wireless, AT&T Corp., BellSouth, DirecTV, and Time Warner.
- Representing DuPont in connection with its $6.3 billion acquisition of Danisco and the $4.9 billion divestiture of its automotive paints business to the Carlyle Group.
- Representing Clean Harbors in connection with its acquisitions of both Thermo Fluids and the industrial cleaning services division of Veolia North America.
- Representing Rio Tinto in connection with the $761 million sale of the Jacobs Ranch coal mine to Arch Coal, as well as the divestiture of its Alaskan gold and silver mining operations.
- Representing Bank of America Merrill Lynch, Citigroup, Commerzbank, Goldman Sachs, HSBC, and J.P. Morgan in connection with the formation of FXSpotStream LLC.
- Representing Bank of America, Citigroup, Credit Suisse, Deutsche Bank, Goldman Sachs, JPMorgan Chase, Merrill Lynch and UBS in the formation of ICE US Trust LLC.
- Representing Citadel Securities, GETCO, Goldman Sachs, Morgan Stanley and UBS in their purchase of a significant equity interest in NYSE Liffe U.S.
- Several confidential transactions involving U.S. and foreign intelligence and defense contractors.
Representative Litigation Experience
- Representing an agricultural cooperative in connection with an investigation by the Department of Justice into alleged price fixing; closed without prosecution.
- Representing a major metals manufacturer in connection with an investigation by the Department of Justice and various international competition authorities into alleged pricing fixing; closed without prosecution.
- Representing a major multinational corporation in connection with an investigation by the Federal Trade Commission into potential monopolization and abuse of standard setting concerns; closed without prosecution.
- Representing a major multinational corporation in connection with an investigation by the Federal Trade Commission into potential monopolization and exclusive dealing concerns; closed without prosecution.
- Representing several clients in connection with internal antitrust investigations.
Shawn is a member of the Antitrust Law Section of the American Bar Association and the American Health Lawyers Association. He is a regular speaker on the antitrust issues related to mergers and acquisitions and has previously served on the Editorial Board of several ABA publications, including Mergers and Acquisitions: Understanding the Antitrust Issues (4th ed.) and Antitrust Compliance: Perspectives and Resources for Corporate Counselors (2nd Ed.).
Shawn received his J.D. from the Vanderbilt University School of Law, where he served as managing editor of the Vanderbilt Law Review. He received a B.A. in economics and political science from Boston College. Shawn is admitted in both the District of Columbia and Virginia.
Affiliations
Admitted to practice: District of Columbia, Virginia (inactive)
Highlights, News & Knowledge
Speeches & Presentations
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“Mergers in the Communications Sector – Experiences from the US and Europe,” GCR Live 5th Annual Antitrust Law Leaders Forum, Miami, FL
(February 6, 2016).
Presenters: Shawn R. Johnson, Antonio Bavasso (Allen & Overy LLP), Nick Woodrow (Vodafone Group), Jeff Prisbrey (Charles River Associates), and Edurne Navarro (Uría Menéndez Abogados).
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"Best Practices for an Effective Compliance Program," Connecticut Association of Corporate Counsel Annual Compliance Conference, Hartford, CT
(June 2, 2015).
Presenters: Shawn R. Johnson, Philip Wellman (MML Investment Advisers), Donald Griffith (MassMutual), and Stephen Harris (The Hartford).
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"Antitrust Update," ABA Antitrust Section Teleconference, sponsored by the Corporate Counseling Committee
(May 2015).
Presenters: Shawn R. Johnson, Chahira Solh, Mary Anne Mason, Sean-Paul Brankin, and Olivier Antoine.
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"Antitrust Update," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), Hartford, CT
(March 10, 2015).
Presenters: Shawn R. Johnson and Katherine I. Funk.
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"Antitrust in an Era of Healthcare Reform," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), Washington, D.C.
(October 27-28, 2014).
Presenters: Shawn R. Johnson and Katherine I. Funk.
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"Healthcare Antitrust Bootcamp Webinar Series - Part I: Introduction and Antitrust Overview," American Health Lawyers Association Webinar
(October 16, 2013).
Presenters: Arthur N. Lerner and Shawn R. Johnson.
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"Introduction to Antitrust," American Health Lawyers Association Antitrust Boot Camp
(September 15, 2011).
Co-Speakers: Arthur N. Lerner, Barbara H. Ryland and Shawn R. Johnson.
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"Antitrust Update," ABA Antitrust Section Teleconference, sponsored by the Corporate Counseling Committee
(May 2009).
Co-Presenters: Jeffrey Blumenfeld, Christine L. White, Shawn R. Johnson, Daniel L. Zelenko and Sean-Paul Brankin.
Publications
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"The Efficiencies Defense: What Would High Court Do?" Law360
(May 22, 2017).
Authors: Jesse C. Martin, Joseph M. Miller, Shawn R. Johnson, Lauren B. Patterson.
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"2015 Antitrust M&A Year in Review," Crowell & Moring LLP
(January 2016).
Co-Authors: Wm. Randolph Smith, Olivier N. Antoine, Sean-Paul Brankin, Dr. Salomé Cisnal de Ugarte, Thomas De Meese, Shawn R. Johnson, Lisa Kimmel, Arthur N. Lerner, Mary Anne Mason, Joseph M. Miller, Jeane A. Thomas, Ryan C. Tisch, and Michael G. Van Arsdall.
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"Regulatory Forecast 2016: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2016).
Contributor.
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"Antitrust — Healthcare Industry in the Spotlight," Crowell & Moring's Regulatory Forecast 2016
(January 2016).
Contributors: Mary Anne Mason and Shawn R. Johnson. Also published in Westlaw Journal's Antitrust Report.
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"Mergers & Acquisitions: Understanding the Antitrust Issues, Fourth Edition," ABA Section of Antitrust Law
(October 2015).
Chapter Editor: Shawn R. Johnson.
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"Regulatory Forecast 2015: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2015).
Contributor.
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"Antitrust Compliance: Perspectives and Resources for Corporate Counselors, Second Edition," ABA Section of Antitrust Law
(2010).
Chapter Editor: Shawn R. Johnson.
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Antitrust Special Report: "In Hard Times, Companies Look to Joint Ventures," The National Law Journal
(November 2, 2009).
Co-Authors: Robert A. Lipstein, Wm. Randolph Smith and Shawn R. Johnson.
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"Back In The Cross Hairs: Consortium Deals Can Raise Competition Concerns," The Deal Magazine
(September 2, 2009).
Co-Authors: Christopher E. Ondeck and Shawn R. Johnson.
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"Merger Enforcement: Are The Antitrust Agencies on a Collision Course with Wall Street?" Bloomberg Law Reports: Antitrust & Trade, Vol. 2, No. 6
(June 2009).
Co-Authors: Wm. Randolph Smith and Shawn R. Johnson.
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"Mergers & Acquisitions: Understanding the Antitrust Issues, Third Edition," ABA Section of Antitrust Law
(2008).
Chapter Editor: Shawn R. Johnson.
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"Unilateral Effects: Looking for a New Perspective," The Threshold, the Newsletter of the Mergers & Acquisitions Committee, ABA Section of Antitrust Law, Vol. VIII, No. 2
(Spring 2008).
Author: Shawn R. Johnson.
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"Trinko One Year Later: A Look Back," The Antitrust Counselor
(April 2006).
Author: Shawn R. Johnson.
Client Alerts & Newsletters
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"2018 Antitrust M&A Year in Review,"
Antitrust Law Alert
(March 1, 2019).
Contacts: Andrew I. Gavil, Alexis J. Gilman, Shawn R. Johnson, Joseph M. Miller, Jeane A. Thomas, CIPP/E, Wm. Randolph Smith
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"FTC Announces New HSR and Section 8 Thresholds,"
Antitrust Law Alert
(February 19, 2019).
Contacts: Shawn R. Johnson, Britton D. Davis, Kate M. Watkins, Connor Ahearn
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"Not So Fast: New FTC Guidance Means More Hospital Mergers Will Require HSR Filings Before Closing,"
Antitrust Law Alert
(November 1, 2018).
Contacts: Alexis J. Gilman, Shawn R. Johnson, Joseph M. Miller, Britton D. Davis, Connor Ahearn
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"Consummated-Merger Challenge by Private Party Results in First Ever Divestiture,"
Antitrust Law Alert
(October 15, 2018).
Contacts: Shaina Vinayek, Alexis J. Gilman, Olivier N. Antoine, Juan A. Arteaga, Shawn R. Johnson, Joseph M. Miller, Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Ryan C. Tisch
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"Reform of DOJ’s Merger-Review Process: AAG Delrahim Announces Changes Aiming to Complete Most Merger Investigations Within Six Months,"
Antitrust Law Alert
(September 27, 2018).
Contacts: Jeane A. Thomas, CIPP/E, Wm. Randolph Smith, Ryan C. Tisch, Shawn R. Johnson, Olivier N. Antoine, Joseph M. Miller, Juan A. Arteaga, Alexis J. Gilman
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"FTC Announces New HSR and Section 8 Thresholds,"
Antitrust Law Alert
(January 26, 2018).
Contacts: Shawn R. Johnson, Britton D. Davis, Kate M. Watkins
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"Failing the Failing Firm Defense,"
Antitrust Law Alert
(July 18, 2017).
Contacts: Shawn R. Johnson, Megan L. Wolf
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"Anthem-Cigna Merger Blocked by Appeals Court and the Utility of Efficiencies in Mergers Going Forward,"
Antitrust Law Alert
(May 8, 2017).
Contacts: Joseph M. Miller, Shawn R. Johnson, Lauren B. Patterson
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"FTC Announces New HSR and Section 8 Thresholds,"
Antitrust Law Alert
(January 20, 2017).
Contacts: Shawn R. Johnson, Britton D. Davis
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"DOJ Suit Highlights Agencies’ Narrow Interpretation of HSR “Investment Only” Exemption,"
Antitrust Law Alert
(April 14, 2016).
Contacts: Shawn R. Johnson, Britton D. Davis
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"Joint DOJ-FTC Memorandum Puts Defense M&A Deals in the Crosshairs,"
Government Contracts Bullet Points
(April 14, 2016).
Contacts: Peter Eyre, Alan W. H. Gourley, Stephen J. McBrady, Shawn R. Johnson, Ryan C. Tisch
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"FTC Announces New HSR and Section 8 Thresholds,"
Antitrust Law Alert
(January 21, 2016).
Contacts: Shawn R. Johnson, Britton D. Davis
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"FTC Announces New HSR and Section 8 Thresholds,"
Antitrust Law Alert
(January 15, 2015).
Contacts: Shawn R. Johnson, Britton D. Davis
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"DOJ and FTC Hold Joint Workshop on Conditional Pricing Practices,"
Antitrust Law Alert
(June 27, 2014).
Contacts: Shawn R. Johnson, Jason C. Murray, Luke van Houwelingen
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"FTC Wins Review of Divestiture Order in Hospital Merger Case,"
Antitrust Law 'In The News'
(April 23, 2014).
Contact: Shawn R. Johnson
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"FTC's Unabated Focus on Competition Impacts Health Care Reform and Makes Deals Risky...But Not Impossible,"
Antitrust Law Alert
(March 3, 2014).
Contacts: Troy A. Barsky, Shawn R. Johnson
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"FTC Wins Antitrust Challenge to Health System's Acquisition of Physician Practice,"
Antitrust Law Alert
(February 4, 2014).
Contact: Shawn R. Johnson
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"Impact of New FTC Thresholds on Investment Funds,"
Investment Funds Alert
(January 30, 2014).
Contact: Shawn R. Johnson
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"FTC Announces New HSR and Section 8 Thresholds,"
Antitrust Law Alert
(January 21, 2014).
Contact: Shawn R. Johnson
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"Patent Troll Successfully Repleads Attack on Patent Aggregator RPX,"
Antitrust Law Alert
(December 13, 2013).
Contacts: Robert A. Lipstein, John S. Gibson, Mark A. Klapow, Shawn R. Johnson
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"FTC Finalizes New HSR Rules for Transfer of Pharmaceutical Industry Patent Rights,"
Antitrust Law Alert
(November 11, 2013).
Contacts: Shawn R. Johnson, Britton D. Davis
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"FTC Announces New HSR and Section 8 Thresholds,"
Antitrust Law Alert
(January 10, 2013).
Contact: Shawn R. Johnson
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"FTC Clarifies "Investment Only" Exception to HSR Reportability,"
Antitrust Law Alert
(September 26, 2012).
Contacts: Ryan C. Tisch, Robert A. Lipstein, Jeane A. Thomas, CIPP/E, Shawn R. Johnson
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"FTC Increases HSR and Section 8 Thresholds,"
Antitrust Law Alert
(January 26, 2012).
Contacts: Robert A. Lipstein, Shawn R. Johnson
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"FTC Requires More Documents With Revised HSR Notification Form,"
Antitrust Law Alert
(July 7, 2011).
Contacts: Wm. Randolph Smith, Robert A. Lipstein, Shawn R. Johnson
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"FTC Announces Increased HSR and Section 8 Thresholds,"
Antitrust Law Alert
(January 21, 2011).
Contact: Shawn R. Johnson
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"FTC and DOJ Issue Final Version of Revised Merger Guidelines,"
Antitrust Law Alert
(August 20, 2010).
Contacts: Wm. Randolph Smith, Robert A. Lipstein, Shawn R. Johnson, Robert B. McNary
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"FTC Notices Proposed Changes To HSR Form,"
Antitrust Law Alert
(August 17, 2010).
Contacts: Robert A. Lipstein, Shawn R. Johnson
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"FTC, DOJ Issue Revised Merger Guidelines,"
Antitrust Law Alert
(April 20, 2010).
Contacts: Robert A. Lipstein, Wm. Randolph Smith, Shawn R. Johnson
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"FTC Announces New (Lower) HSR and Section 8 Thresholds,"
Antitrust Law Alert
(January 19, 2010).
Contact: Shawn R. Johnson
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"FTC Sues Virginia Health System for Alleged Anticompetitive Acquisition of Imaging Center and Outpatient Surgery Center,"
Health Care Alert
(July 28, 2009).
Contacts: Barbara H. Ryland, Shawn R. Johnson
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"FTC Wins Reversal in Whole Foods,"
Antitrust Law Alert
(July 31, 2008).
Contacts: Wm. Randolph Smith, Shawn R. Johnson
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"Key HSR Filing Threshold Will Increase To $63.1 Million As Of Feb. 28,"
Antitrust Law Alert
(January 30, 2008).
Contacts: Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Shawn R. Johnson
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"FTC Issues New HSR Thresholds,"
Antitrust Law Alert
(January 16, 2007).
Contacts: Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Shawn R. Johnson
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"DOJ Issues Merger Process Reforms,"
Antitrust Law Alert
(December 18, 2006).
Contacts: Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Shawn R. Johnson
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"FTC and DOJ Allow Electronic HSR Filings,"
Antitrust Law Alert
(June 21, 2006).
Contacts: Wm. Randolph Smith, Shawn R. Johnson
In the News
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