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Donald M. Barnes

Washington, D.C.
p +1 202.778.3056
f +1 202.778.3063
  • 1900 K Street, NW
    Suite 1110
    Washington, D.C. 20006

Contact Information

Don is a partner in the Washington D.C. office and co-chair of the Antitrust Competition Law Practice Group. His practice is concentrated in antitrust/trade regulation law, agricultural cooperative law, trade association representation, and complex antitrust and commercial litigation. He has defended numerous antitrust claims including major, multi-district litigation and class actions. Don has represented clients in the defense, entertainment, high technology, health care, and agricultural sectors, including agricultural cooperatives, defense contractors, physician groups, trade associations and companies in the software, construction, and soft drink industries. Due to the diversity of this client base, Don has developed subspecialties in criminal antitrust, health care antitrust, agricultural cooperative law, mergers and acquisitions, and administrative law.

Don has served as General Counsel for a major trade association in the entertainment industry. He has also represented trade associations in both commercial and antitrust litigation and has assisted them in standard-setting activities, anti-counterfeit and anti-gray market enforcement programs, mergers and acquisitions, and trade show disputes.

Over the past four decades, Don has developed particular experience in agricultural cooperative law with special emphasis on the applicability and reach of the Capper-Volstead antitrust exemption. In addition to defending cooperative antitrust litigation, he routinely assists cooperatives in structuring innovative and antitrust-compliant business models to expand value-added marketing opportunities and increase member returns. In federal courts, Don has also challenged various rulemaking proceedings of the United States Department of Agriculture as arbitrary and capricious under the Administrative Procedure Act.

Representative Matters

Representative Cases:

  • In re: Automotive Parts Antitrust Litigation, U.S. Dist. Ct., E.D. Mich., MDL 02311 (pending)
  • In re: Fresh and Process Potatoes Antitrust Litigation, U.S. Dist. Ct., D. Idaho MDL No. 2186 (settled) 
  • In re: Processed Egg Products Antitrust Litigation, U.S. Dist. Ct. E. D. Pa. MDL No. 08-md-02002 (pending)
  • In re Mushroom Direct Purchaser Antitrust Litigation, U.S. Dist. Ct. E. D. Pa. MDL No. 06-md-0620 (pending)
  • In re Mushroom Direct Purchaser Antitrust Litigation, 621 F.Supp.2d 274, 2009-1 Trade Cases P 76,616, E.D.Pa., March 26, 2009 (NO. 06-0638, 06-0657, 06-0620, 06-0677, 06-0861, 06-0932, 06-1464, 06-1854)
  • Select Milk Producers, Inc. v. Johanns, 400 F.3d 939, 365 U.S.App.D.C. 183, C.A.D.C., March 18, 2005 (NO. 04-5145)
  • Northland Cranberries, Inc. v. Ocean Spray Cranberries, Inc., 382 F.Supp.2d 221, 2005-2 Trade Cases P 75,062, D.Mass., June 10, 2004 (NO. CIV.A. 03-10734-JLT)
  • Northwest Independent Producers Ass’n v. Veneman, 312 F.Supp.2d 23, D.D.C., April 06, 2004 (NO. CIV.A. 03-700 (RCL))
  • Milk Train, Inc. v. Veneman, 310 F.3d 747, 354 U.S.App.D.C. 25, C.A.D.C., November 15, 2002 (NO. 01-5310)
  • Minn-Dak Farmers Co-op. v. Espy, 851 F.Supp. 1423, D.N.D., April 21, 1994 (NO. CIV. A3-93-116)
  • Torrington Co. v. Yost, 139 F.R.D. 91, D.S.C., September 23, 1991 (NO. CIV. A. 8:91-1599-20)
  • Red Baron-Franklin Park, Inc. v. Taito Corp., 883 F.2d 275, 11 ITRD 1520, 58 USLW 2130, 1989 Copr.L.Dec. P 26,444, 1989 Copr.L.Dec. P 26,484, 11 U.S.P.Q.2d 1548, C.A.4 (Va.), July 18, 1989 (NO. 88-1368)
  • National Farmers’ Organization, Inc. v. Associated Milk Producers, Inc., 850 F.2d 1286, 57 USLW 2055, 1988-2 Trade Cases P 68,128, C.A.8 (Mo.), July 05, 1988 (NO. 87-1046, 87-1047)
  • Oberweis Dairy, Inc. v. Associated Milk Producers, Inc., 576 F.Supp. 1559, 1984-1 Trade Cases P 65,858, N.D.Ill., January 09, 1984 (NO. 72 C 1404)
  • Alexander v. National Farmers Organization, 687 F.2d 1173, 1982-2 Trade Cases P 64,914, C.A.8 (Mo.), August 31, 1982 (NO. 81-1236, 81-1237, 81-1235)
  • National Elec. Contractors Ass’n, Inc. v. National Constructors Ass’n, 678 F.2d 492, 110 L.R.R.M. (BNA) 2385, 94 Lab.Cas. P 13,543, 1982-2 Trade Cases P 64,738, C.A.4 (Md.), May 17, 1982 (NO. 80-1808, 80-1809)
  • In re Midwest Milk Monopolization Litigation, 510 F.Supp. 381, W.D.Mo., January 29, 1981 (NO. JPML 83, CIV. 19191-1)
  • Ware v. Associated Milk Producers, Inc., 614 F.2d 413, 1980-1 Trade Cases P 63,268, C.A.5 (Tex.), March 24, 1980 (NO. 78-2516)
  • Pure Milk Products Co-op. v. National Farmers Organization, 90 Wis.2d 781, 280 N.W.2d 691, Wis., June 29, 1979 (NO. 76-013)

Representative Grand Jury Investigations

  • In re: Steering Systems Grand Jury Investigation (S.D. Ohio)
  • In re: Wire Harness Grand Jury Investigation, (E.D. MI) DOJ File No. 60-336322-0002 (2010)
  • In re: International Freight Forwarder’s Antitrust Grand Jury Investigation
  • In re: Soft Drink Bottlers Antitrust Grand Jury Investigation
  • In re: Electrical Contracting Price Fixing Grand Jury Investigation
  • In re: School Milk Bid Rigging Antitrust Grand Jury Investigation
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