Anne Davis is a trial lawyer with broad experience in antitrust litigation who has represented both defendants and plaintiffs in federal and state class actions, opt-out litigation and government investigations involving claims of monopolization, conspiracy to set prices or suppress wages, business interference and exclusive dealing. Ms. Davis' substantial non-antitrust litigation practice includes representing defendants in environmental toxic tort class actions, products liability matters, shareholder derivative suits and securities class actions, and federal agency investigations. In addition, Ms. Davis has served as General Counsel to the Firm and, from 2016–2021, as Co-Managing Partner of the Firm.
In 2003–2004, Ms. Davis served for eighteen months as a prosecuting attorney at the United Nations' International Criminal Tribunal for the Former Yugoslavia in the Hague, the Netherlands (ICTY). During her time at the ICTY, Ms. Davis appeared on behalf of the Office of the Prosecutor in the trial of Prosecutor v. Blagojevic, et al., examining both Prosecution witnesses and adverse perpetrator witnesses, arguing motions before the judicial panel, and participating in the negotiation of plea agreements with two Bosnian Serb Army officers charged with genocide and crimes against humanity in connection with the July 1995 mass executions in Srebrenica, Eastern Bosnia.
Prior to joining the firm, Ms. Davis clerked for the Honorable Zita L. Weinshienk of the US District Court for the District of Colorado. While in law school at the University of Virginia, Ms. Davis served on the Managing Board as an Editor of the Virginia Law Review.
Experience
- Payment card network in individual and national class actions in federal multidistrict litigation challenging interchange fees under the Sherman Act and state consumer protection statutes.
- Major pharmaceutical manufacturer in federal class action alleging attempt and conspiracy to monopolize in connection with collaboration and license agreements concerning fixed dose combination HIV medications.
- GN Netcom as plaintiff in remand after appeal of litigation against major competitor alleging attempted monopolization and exclusive dealing by means of distribution agreements. Resolved by agreement just prior to retrial. GN Netcom v. Plantronics (D. Del.)
- Samsung in class action litigation by tech industry employees alleging conspiracy to suppress wages by means of an agreement not to poach competitors' employees. Dismissed with prejudice after oral argument on third motion to dismiss. Frost v. LG et al. (N.D. Cal.)
- Cristal USA in direct purchaser class action antitrust litigation alleging a conspiracy to fix the price of titanium dioxide. Resolved by agreement days prior to trial. In re Titanium Dioxide Antitrust Litigation.
- Cristal USA in opt-out litigation by paint manufacturer alleging price fixing of titanium dioxide. Valspar v. Dupont de Nemours et al. (D. Minn.)
- Mitsui O.S.K. Lines in putative class action alleging price fixing conspiracy among major international providers of vehicle carrier services.
- Major Motion Picture Studio in government investigation concerning alleged no-poach agreements between industry participants.
- In re TriCor Litigation (D.Del.). Trial counsel for Laboratoires Fournier in an antitrust jury trial in the US District Court for the District of Delaware involving allegations of predatory innovation. Trial on Sherman Act claims settled just before jury deliberations.
- In re Canadian Import Antitrust Litigation (D.Minn.). Wyeth Pharmaceuticals, Inc., in a putative class action by indirect purchasers alleging conspiracy to prevent importation of drugs from Canada. Prevailed on motion to dismiss (affirmed on appeal).
- Clayworth, et al. v. Pfizer, et al.. Wyeth Pharmaceuticals, Inc., in a California state court action brought by pharmacies alleging conspiracy to fix US prices for brand name pharmaceuticals by using the Canadian price as a floor. Prevailed on motion for summary judgment.
- RJ Reynolds Co. v. Philip Morris (M.D.N.C.). Philip Morris USA in a monopolization challenge alleging that shelf space/category management program improperly excluded competitors. Prevailed on summary judgment.
Perspectives
Recognition
Credentials
Education
- J.D., University of Virginia School of Law, 1997
- M.Ed., University of Virginia, 1997
- A.B., Dartmouth College, 1989
Admissions
- District of Columbia
- New York
- U.S. District Court, District of Colorado
- U.S. Court of Appeals for the Eighth Circuit
Clerkships
- U.S. District Court, District of Colorado, The Honorable Zita L. Weinshienk