Practices

Education

Boston College, B.A. economics and political science
Vanderbilt University Law School, J.D.

Admissions

District of Columbia

Case Studies

Antitrust in the Digital Age: How Antitrust Investigations into Big Tech Impact Companies in Every Industry

Click to read this article from
Crowell & Moring's Regulatory Forecast 2020.

Shawn R. Johnson

Partner

Washington, D.C.

srjohnson@crowell.com
Phone: +1 202.624.2624
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

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 U.S. Department of Justice, the Federal Trade Commission, the U.S. Department of Defense, the European Commission, the Canadian Competition Bureau, the Federal Communications Commission, and many other foreign antitrust agencies and state attorneys general.

Shawn has extensive experience advising on antitrust issues involving government contractors and other companies active in a broad range of industries, including aerospace, defense, healthcare, telecommunications, information technology, chemicals, metals, and natural resources.

Representative Merger Experience

Representing United Technologies in connection with its $135 billion merger with The Raytheon Company, its $30 billion acquisition of Rockwell Collins, and its $16.5 billion acquisition of Goodrich.

Representing Sikorsky Aircraft Company in connection with its $9 billion sale to Lockheed Martin.

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 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 an agricultural cooperative in connection with an investigation by the Department of Justice into alleged price fixing; 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 and Antitrust Compliance: Perspectives and Resources for Corporate Counselors.

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

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Speeches & Presentations

"DOJ’s New Procurement Collusion Strike Force: What it Means for Contractors and How to Manage this Emerging Antitrust Enforcement Risk," McLean, VA (December 10, 2019). Presenters: Shawn R. Johnson, David B. Robbins, Gail D. Zirkelbach, and Alexis Victoria DeBernardis.
“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).
"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).
"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.
"Antitrust Update," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), Hartford, CT (March 10, 2015). Presenters: Shawn R. Johnson and Katherine I. Funk.
"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.
"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.
"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.
"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

"Antitrust in the Digital Age," Crowell & Moring's Regulatory Forecast 2020 (February 26, 2020). Contributors: Shawn R. Johnson, Wm. Randolph Smith, Jeane A. Thomas, Andrew I. Gavil, Gail D. Zirkelbach, Alexis J. Gilman, Jason C. Murray, Lisa Kimmel, and Thomas De Meese.
"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.
"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.
"Regulatory Forecast 2016: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication (January 2016). Contributor.
"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.
"Mergers & Acquisitions: Understanding the Antitrust Issues, Fourth Edition," ABA Section of Antitrust Law (October 2015). Chapter Editor: Shawn R. Johnson.
"Regulatory Forecast 2015: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication (January 2015). Contributor.
"Antitrust Compliance: Perspectives and Resources for Corporate Counselors, Second Edition," ABA Section of Antitrust Law (2010). Chapter Editor: Shawn R. Johnson.
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.
"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.
"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.
"Mergers & Acquisitions: Understanding the Antitrust Issues, Third Edition," ABA Section of Antitrust Law (2008). Chapter Editor: Shawn R. Johnson.
"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.
"Trinko One Year Later: A Look Back," The Antitrust Counselor (April 2006). Author: Shawn R. Johnson.

Client Alerts & Newsletters

"Antitrust Agencies Launch Vertical Merger Guidelines, Still Fall Flat with Two FTC Commissioners," Regulatory Alert (July 1, 2020). Contacts: Alexis J. Gilman, Britton D. Davis, Shaina Vinayek, Olivier N. Antoine, Juan A. Arteaga, Shawn R. Johnson, Jeane A. Thomas, CIPP/E, Ryan C. Tisch
"Managing Expectations: FTC Cautions Against Reliance on the Failing Firm Defense," Antitrust Law Alert (May 29, 2020). Contacts: Shawn R. Johnson, Alexis Victoria DeBernardis, Kate M. Watkins
"FTC Announces Resumption of Early Termination for HSR Filings," Antitrust Law Alert (March 30, 2020). Contacts: Shawn R. Johnson, Britton D. Davis, Connor Ahearn, Kate M. Watkins
"DOJ Antitrust Division Assistant Criminal Chief and USPS IG Special Agent Talk Procurement Collusion Strike Force," Government Contracts Bullet Points (March 4, 2020). Contacts: Gail D. Zirkelbach, Shawn R. Johnson, Alexis Victoria DeBernardis
"ABA Hosts Joint Meeting to Discuss Procurement Collusion Strike Force," Government Contracts Bullet Points (February 27, 2020). Contacts: Shawn R. Johnson, Gail D. Zirkelbach
"WMATA OIG Announces Partnership with the U.S. Department of Justice’s Procurement Collusion Strike Force," Government Contracts Bullet Points (February 20, 2020). Contacts: Shawn R. Johnson, Alexis Victoria DeBernardis, Eric Ashby II
"ABA Hosts Joint Meeting to Discuss Procurement Collusion Strike Force," Government Contracts Bullet Points (February 11, 2020). Contacts: Shawn R. Johnson, Gail D. Zirkelbach
"Merging Parties Beware: DOJ Follows Through on Promise to Vigorously Enforce Merger Consent Decrees," Antitrust Law Alert (February 3, 2020). Contacts: Juan A. Arteaga, Alexis J. Gilman, Shawn R. Johnson
"FTC Announces New HSR and Section 8 Thresholds," Antitrust Law Alert (January 28, 2020). Contacts: Shawn R. Johnson, Britton D. Davis, Kate M. Watkins, Connor Ahearn
"FTC and DOJ Issue Draft of Long-Anticipated Vertical Merger Guidelines," Antitrust Law Alert (January 15, 2020). Contacts: Alexis J. Gilman, Shawn R. Johnson, Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Andrew I. Gavil, Akhil Sheth
"DOJ Announces Antitrust Strike Force Focused on Public Procurements," Government Contracts Bullet Points (November 6, 2019). Contacts: Alexis Victoria DeBernardis, Juan A. Arteaga, Shawn R. Johnson, Daniel L. Zelenko, Gail D. Zirkelbach
"2018 Antitrust M&A Year in Review," Antitrust Law Alert (March 1, 2019). Contacts: Andrew I. Gavil, Alexis J. Gilman, Shawn R. Johnson, Jeane A. Thomas, CIPP/E, Wm. Randolph Smith
"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
"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, Britton D. Davis, Connor Ahearn
"Consummated-Merger Challenge by Private Party Results in First Ever Divestiture," Antitrust Law Alert (October 15, 2018). Contacts: Alexis J. Gilman, Olivier N. Antoine, Juan A. Arteaga, Shawn R. Johnson, Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Ryan C. Tisch, Shaina Vinayek
"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: Olivier N. Antoine, Juan A. Arteaga, Alexis J. Gilman, Shawn R. Johnson, Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Ryan C. Tisch
"FTC Announces New HSR and Section 8 Thresholds," Antitrust Law Alert (January 26, 2018). Contacts: Shawn R. Johnson, Britton D. Davis, Kate M. Watkins
"Failing the Failing Firm Defense," Antitrust Law Alert (July 18, 2017). Contacts: Shawn R. Johnson, Megan L. Wolf
"Anthem-Cigna Merger Blocked by Appeals Court and the Utility of Efficiencies in Mergers Going Forward," Antitrust Law Alert (May 8, 2017). Contact: Shawn R. Johnson
"FTC Announces New HSR and Section 8 Thresholds," Antitrust Law Alert (January 20, 2017). Contacts: Shawn R. Johnson, Britton D. Davis
"DOJ Suit Highlights Agencies’ Narrow Interpretation of HSR “Investment Only” Exemption," Antitrust Law Alert (April 14, 2016). Contacts: Shawn R. Johnson, Britton D. Davis
"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
"FTC Announces New HSR and Section 8 Thresholds," Antitrust Law Alert (January 21, 2016). Contacts: Shawn R. Johnson, Britton D. Davis
"FTC Announces New HSR and Section 8 Thresholds," Antitrust Law Alert (January 15, 2015). Contacts: Shawn R. Johnson, Britton D. Davis
"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
"FTC Wins Review of Divestiture Order in Hospital Merger Case," Antitrust Law 'In The News' (April 23, 2014). Contact: Shawn R. Johnson
"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
"FTC Wins Antitrust Challenge to Health System's Acquisition of Physician Practice," Antitrust Law Alert (February 4, 2014). Contact: Shawn R. Johnson
"Impact of New FTC Thresholds on Investment Funds," Investment Funds Alert (January 30, 2014). Contact: Shawn R. Johnson
"FTC Announces New HSR and Section 8 Thresholds," Antitrust Law Alert (January 21, 2014). Contact: Shawn R. Johnson
"Patent Troll Successfully Repleads Attack on Patent Aggregator RPX," Antitrust Law Alert (December 13, 2013). Contacts: Robert A. Lipstein, Mark A. Klapow, Shawn R. Johnson
"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
"FTC Announces New HSR and Section 8 Thresholds," Antitrust Law Alert (January 10, 2013). Contact: Shawn R. Johnson
"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
"FTC Increases HSR and Section 8 Thresholds," Antitrust Law Alert (January 26, 2012). Contacts: Robert A. Lipstein, Shawn R. Johnson
"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
"FTC Announces Increased HSR and Section 8 Thresholds," Antitrust Law Alert (January 21, 2011). Contact: Shawn R. Johnson
"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
"FTC Notices Proposed Changes To HSR Form," Antitrust Law Alert (August 17, 2010). Contacts: Robert A. Lipstein, Shawn R. Johnson
"FTC, DOJ Issue Revised Merger Guidelines," Antitrust Law Alert (April 20, 2010). Contacts: Robert A. Lipstein, Wm. Randolph Smith, Shawn R. Johnson
"FTC Announces New (Lower) HSR and Section 8 Thresholds," Antitrust Law Alert (January 19, 2010). Contact: Shawn R. Johnson
"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
"FTC Wins Reversal in Whole Foods," Antitrust Law Alert (July 31, 2008). Contacts: Wm. Randolph Smith, Shawn R. Johnson
"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
"FTC Issues New HSR Thresholds," Antitrust Law Alert (January 16, 2007). Contacts: Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Shawn R. Johnson
"DOJ Issues Merger Process Reforms," Antitrust Law Alert (December 18, 2006). Contacts: Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Shawn R. Johnson
"FTC and DOJ Allow Electronic HSR Filings," Antitrust Law Alert (June 21, 2006). Contacts: Wm. Randolph Smith, Shawn R. Johnson

Media Mentions

Big Tech Antitrust Probes Could Impact Companies In Every Industry, Report Finds
February 27, 2020 — Global Legal Post
It's Not Just 'Big Tech' That Should Be Wary Of Regulatory Changes
February 27, 2020 — Canadian Lawyer
Crowell & Moring Releases Regulatory Forecast 2020
February 27, 2020 — Impact Financial News
Big Tech Probes May Trigger Antitrust Scrutiny On All Sectors
February 26, 2020 — Law360
The Washington, DC Antitrust Bar
August 21, 2017 — Global Competition Review
Competition Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360
Crowell & Moring Names New D.C. Partner
January 18, 2013 — Global Competition Review
Antitrust Counsel Lines Up for Aetna/Coventry
August 22, 2012 — Global Competition Review
With Sale Prices Low, Companies Opt For Joint Ventures
October 12, 2009 — Competition Law360 and Corporate Finance Law360
Deal Pros Brace For More Antitrust 2nd Looks
September 25, 2009 — Competition Law360 and Corporate Law360

Firm News & Announcements

Feb.13.2020	Global Competition Review Lists Crowell & Moring’s Antitrust Group as "Highly Recommended" in 20th Annual "GCR 100"
Dec.16.2019	DEAL NOTE: Crowell & Moring Advises Humana Inc. on Acquisition of Enclara Healthcare
Dec.09.2019	Crowell & Moring Launches Procurement Collusion Strike Force Response Team
Sep.20.2019	Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States
Aug.16.2019	The Best Lawyers in America 2020 Recognizes 49 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year
Feb.22.2019	Crowell & Moring's Antitrust Group Listed as "Highly Recommended" in Global Competition Review's 19th Annual "GCR 100"
Oct.15.2018	Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States
Oct.31.2017	Super Lawyers Recognizes 79 Crowell & Moring Lawyers Across United States
May.05.2016	Deal Note: Crowell & Moring’s Team Represents OpenText in its $100 Million Dollar Acquisition of ANXe Business Corp.
Sep.25.2015	Deal Note: Crowell & Moring Advises UTC on Sale of Sikorsky Aircraft to Lockheed Martin; DOJ Approves Transaction Without Second Request
Jul.21.2015	Deal Note: Crowell & Moring's Antitrust Group Advises AT&T on Acquisition of DIRECTV, DOJ Will Not Challenge Acquisition
Jul.20.2015	Deal Note: Crowell & Moring Advising Longtime Client UTC in Sale of Sikorsky Aircraft to Lockheed Martin Corp.
Jan.22.2015	Crowell & Moring's Antitrust Group Featured in Global Competition Review's 15th Edition "GCR 100"
Jan.13.2015	Crowell & Moring Releases Third Annual Litigation Forecast Report and Inaugural Regulatory Forecast
Apr.08.2014	Crowell & Moring Named Finalist in Global Competition Review's Fourth Annual "GCR Awards"
Sep.01.2013	Super Lawyers 2013 Recognizes 64 Crowell & Moring Attorneys
Apr.25.2013	Crowell & Moring Named Finalist in Global Competition Review's Third Annual "GCR Awards"
Jan.17.2013	Crowell & Moring Elects Seven New Partners and Promotes Twelve Attorneys to Senior Counsel and Counsel Positions
Aug.04.2005	Crowell & Moring LLP Assists United Technologies Corporation's Pratt & Whitney Division in Obtaining Antitrust Clearance For Acquisition of Boeing's Rocketdyne Propulsion & Power