D. Jarrett Arp
Head of Washington office and Benchmark Litigation 2023 “Antitrust Litigator of the Year.” Leader in global cartel defense, with deep trial and appellate experience.
Jarrett is the head of our Washington office and was named Benchmark Litigation’s 2023 “Antitrust Litigator of the Year.” He represents corporations, financial institutions and individuals in U.S. and global antitrust matters, including grand jury investigations and a wide range of civil actions. He has defended clients in 37 major cartel investigations and appeared before more than 40 government authorities across 20 countries. He has secured significant declinations and has led plea negotiations and immunity applications across the globe.
Chambers recognizes Jarrett as “a veteran litigator, proven both at trial and appellate levels.” A client says Jarrett “sees things coming better than anyone I know [and] can walk into any regulator in the world, speak their language and put forward an excellent case.”
Jarrett is Chair of the ABA/IBA International Cartel Workshop, a member of the ABA’s International Cartel Taskforce, and Chair of the Folger Shakespeare Library’s Board of Governors.
Experience highlights
Jarrett’s representations before joining Davis Polk include the following.
Cartel Defense and Related Litigation
- Major financial institution in the global LIBOR and foreign exchange investigations, and in a wide range of related U.S. litigation matters
- Generic drug manufacturer in investigation and negotiation of a precedent-setting deferred prosecution agreement, and in various related litigations alleging price fixing in the generic drug industry
- International shipping company in U.S. grand jury investigation of alleged market allocation in the global container shipping industry; resolved without charges.
- Magazine distributor in investigation of alleged multi-decade market allocation agreement; resolved without charges.
- European air cargo carrier in international price-fixing investigation and related U.S. class action litigation
- Belgian chemicals manufacturer in international investigation of price-fixing in rubber chemicals industry, and multiple related U.S. litigation matters
- Vitamin manufacturer in U.S. grand jury price-fixing investigation
- Dutch chemicals manufacturer in international price-fixing and related investigations, and related U.S. litigation matters
- Various individuals in connection with allegations of price-fixing, bid rigging, and/or similar conduct in certain chemicals, real estate, food and automotive sales markets; also advised them as in related civil antitrust litigation.
Antitrust Civil Litigation
- McDonalds in:
- National class action alleging improper employee no-poach agreements between McDonald’s and its franchisees
- Successful defense against franchisee claim of bid rigging under Section 1 of the Sherman Act
- Hudson News against claims of an alleged conspiracy to monopolize magazine wholesale markets
- ConocoPhillips in defending antitrust class action claims related to industry sharing of salary and benefits data
- American Airlines in the successful defense of predatory pricing case brought by DOJ
- Atlantic Coast Airlines in successful antitrust lawsuit to block hostile takeover attempt
- Intel against FTC charges of monopolization
- BMC Software in defending against monopolization counterclaim asserted in trade secret litigation
- Union Carbide in asserting antitrust, tort and contract claims against polypropylene industry competitors
- Random House in the defense of Robinson-Patman Act claims asserted by competitors
Insights
News
Credentials
Recognition
Chambers USA and Global – Antitrust: Cartel, USA, Band 1
Chambers USA – Antitrust: Litigation Specialists, District of Columbia, Band 1
Benchmark Litigation – “Antitrust Litigator of the Year,” 2023
Best Lawyers – Antitrust
Who’s Who Legal – Competition
Education
- Executive Editor, William & Mary Law Review
Professional history
- Partner, Davis Polk, 2020-present
- Partner, Gibson, Dunn & Crutcher, 2002-2020
- Associate, Gibson, Dunn & Crutcher, 1994-2001
- Captain, U.S. Army, 101st Airborne Division, 1992-1994
Qualifications and admissions
- District of Columbia
- England and Wales
- U.S. District Court, Colorado