Drake Morgan

Counsel | He/Him/His

Overview

Drake Morgan is an Antitrust and Competition Group counsel in Crowell & Moring’s Washington, D.C. office, where he focuses on antitrust litigation, multijurisdictional merger control, and EU law. Drake is a member of Crowell & Moring’s Antitrust & Competition Digital Markets Working Group and Digital Platforms Sub-Team. Drake joined Crowell & Moring having previously practiced in Brussels as an EU competition lawyer, giving him years of experience with the competition laws of the U.S., the European Union, and other antitrust regimes worldwide.

Drake advises clients in a variety of sectors, having particular experience with digital platforms and in network industries including telecommunications and transportation. Drake also has an active pro bono practice, in which he has litigated landlord-tenant cases, provided advice and litigation assistance to voting rights organizations, and represented domestic abuse survivors seeking relief from continued harassment by their abusers. During 2018, Drake served as Crowell & Moring’s Loaned Associate to the Legal Aid Society of the District of Columbia, where he represented tenants in D.C. Superior Court and before administrative agencies.

Drake currently represents a major U.S. airline defending Section 1 claims alleging a conspiracy to restrict capacity for domestic air travel; claimants seeking damages in the Netherlands for a conspiracy to fix the price of trucks throughout Europe; a Class I railroad in merger proceedings before the Surface Transportation Board; and a habeas petitioner in the U.S. Court of Appeals seeking to overturn his conviction.

While at George Washington, Drake worked as a law clerk at a litigation firm and interned with the U.S. Department of State.

Career & Education

|
    • Wesleyan University, B.A., history, 2007
    • The George Washington University Law School, J.D., with honors, 2012
    • Wesleyan University, B.A., history, 2007
    • The George Washington University Law School, J.D., with honors, 2012
    • District of Columbia
    • New York
    • Brussels
    • U.S. District Court for the District of Columbia
    • District of Columbia
    • New York
    • Brussels
    • U.S. District Court for the District of Columbia

Drake's Insights

Client Alert | 10 min read | 09.24.24

ESG Opponents' Antitrust Accusations: Do They Make Sustainability Collaboration Dangerous?

Investors pursuing environmental, social, and governance (ESG) programs or applying sustainability standards have recently faced high-profile antitrust accusations, leading some to reconsider their participation in certain sustainable investment groups. On August 9, 2024, Climate Action 100+ confirmed the withdrawal of a major investor from the initiative, less than two weeks after the Judiciary Committee of the U.S. House of Representatives had sent information requests to more than 130 of the group’s members as part of an investigation into ESG programs. This follows numerous similar requests by the Committee since December 2022, as well as similar requests and threats of legal action against asset managers by some State Attorneys General since August 2022....

Representative Matters

  • Represented AT&T in the trial of its acquisition of Time Warner.
  • Represented Humana in the trial of its proposed acquisition by Aetna.
  • Represented a leading worldwide steel distributor in acquisition by a leading steel producer, obtaining merger control approvals in seven jurisdictions including the U.S., the European Union, Brazil, and China.
  • Represented a leading worldwide steel equipment producer in the acquisition of a significant non-controlling minority shareholding in a competitor. Based on comprehensive multijurisdictional advice, the transaction was structured to permit implementation with the approval of only one merger control authority worldwide.
  • Represented a regional steel distributor in the formation of a joint venture with a leading worldwide steel producer, obtaining European Commission merger approval after a simplified procedure.
  • Advised the subject of a European Commission investigation on the laws and procedures governing follow-on damages litigation in several European and Middle Eastern jurisdictions.
  • Provided an expert opinion on comparative antitrust laws governing the collective management of copyrights and related rights.

Drake's Insights

Client Alert | 10 min read | 09.24.24

ESG Opponents' Antitrust Accusations: Do They Make Sustainability Collaboration Dangerous?

Investors pursuing environmental, social, and governance (ESG) programs or applying sustainability standards have recently faced high-profile antitrust accusations, leading some to reconsider their participation in certain sustainable investment groups. On August 9, 2024, Climate Action 100+ confirmed the withdrawal of a major investor from the initiative, less than two weeks after the Judiciary Committee of the U.S. House of Representatives had sent information requests to more than 130 of the group’s members as part of an investigation into ESG programs. This follows numerous similar requests by the Committee since December 2022, as well as similar requests and threats of legal action against asset managers by some State Attorneys General since August 2022....

Drake's Insights

Client Alert | 10 min read | 09.24.24

ESG Opponents' Antitrust Accusations: Do They Make Sustainability Collaboration Dangerous?

Investors pursuing environmental, social, and governance (ESG) programs or applying sustainability standards have recently faced high-profile antitrust accusations, leading some to reconsider their participation in certain sustainable investment groups. On August 9, 2024, Climate Action 100+ confirmed the withdrawal of a major investor from the initiative, less than two weeks after the Judiciary Committee of the U.S. House of Representatives had sent information requests to more than 130 of the group’s members as part of an investigation into ESG programs. This follows numerous similar requests by the Committee since December 2022, as well as similar requests and threats of legal action against asset managers by some State Attorneys General since August 2022....