Overview

David C. Kully is an antitrust attorney in Holland & Knight’s Washington, D.C., office and a member of the firm’s Litigation and Dispute Resolution Practice. Mr. Kully has extensive antitrust experience and joined the firm after serving as Chief (2013-16) and Assistant Chief (2008-13) of the Litigation III Section of the U.S. Department of Justice’s (DOJ) Antitrust Division, where he supervised a team of 25 attorneys. At the DOJ, he worked closely with Antitrust Division economists evaluating antitrust compliance issues, litigating antitrust enforcement actions and shaping competition policy in a wide variety of industries, including payments, music, live entertainment, movies, publishing, newspapers, television, radio, sports and real estate.

During his 18 years with the Antitrust Division, Mr. Kully served in central roles on many of the Antitrust Division’s most significant matters, achieving a consistent track record of success. He and his team investigated and successfully litigated three of the most prominent government antitrust enforcement actions in the past decade: cases challenging an e-books price fixing conspiracy, credit card “anti-steering” rules and a merger of appliance manufacturers. For his work on both the credit card matter and the e-books matter, Mr. Kully and his teams were honored with the Attorney General’s Award for Distinguished Service, the DOJ’s second-highest performance award. In addition to those high-profile cases, he also supervised and participated in major matters that did not involve litigation, including investigations into mergers or other anticompetitive conduct in the music, live entertainment, newspaper, broadcast television, radio, book publishing and movie theater industries.

Before joining the DOJ, Mr. Kully was in private practice at the Washington, D.C., office of a large international law firm and, from there, was recruited to participate as counsel in a special investigation conducted by the U.S. Senate Governmental Affairs Committee into campaign finance irregularities that arose during the 1996 federal election cycle.

Experience

  • United States v. Tribune Publishing Co., No. 16-cv-1822 (C.D. Cal.): Litigated to temporary restraining order and sale of newspapers to alternative purchaser in 2016
  • United States v. Entercom Communications Corp., et al., No. 15-cv-1119 (D.D.C.): Consent decree entered in 2015
  • United States v. Media General, Inc., et al., No. 14-cv-1823 (D.D.C.): Consent decree entered in 2015
  • United States v. Apple, Inc., et al., No. 12-cv-2826 (S.D.N.Y.): Litigated to judgment in 2013; Apple's petition for certiorari denied in 2016
  • United States v. Comcast Corp., et al., No. 11-cv-0106 (D.D.C.): Consent decree entered in 2011
  • United States v. Cumulus Media Inc., et al., No. 11-cv-1619 (D.D.C.): Consent decree entered in 2011

  • Investigation into potential modifications to the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Inc. (BMI) consent decrees; investigation concluded in 2016 with decision not to seek modifications to the ASCAP or BMI consent decrees
  • United States v. AMC Entertainment Holdings, Inc., et al., No. 15-cv-2181 (D.D.C.): Consent decree entered in 2016
  • United States v. Cinemark Holdings, et al., No. 13-cv-0727 (D.D.C.): Consent decree entered in 2013
  • United States v. AMC Entertainment Holdings, Inc., et al., No. 10-cv-0846 (D.D.C.): Consent decree entered in 2010
  • United States v. Ticketmaster Entertainment, Inc., et al., No. 10-cv-0139 (D.D.C.): Consent decree entered in 2010
  • United States v. Ecast Inc., et al., No. 05-cv-1754 (D.D.C.): Consent decree entered in 2005
  • Investigation into Pressplay and MusicNet joint ventures formed by major record labels; investigation closed in 2003 with finding that the joint ventures had not harmed consumers or reduced competition

  • United States v. AB Electrolux, et al., No. 15-cv-1039 (D.D.C.): Litigated through full trial to abandonment by merging parties in 2015
  • United States v. Consolidated Multiple Listing Service, No. 08-cv-1786 (D.S.C.): Litigated through expert discovery; resolved with consent decree entered in 2009
  • United States v. National Association of Realtors, No. 05-c-5140 (N.D. Ill.): Litigated to eve of trial; resolved with consent decree entered in 2008

Credentials

Education
  • Cornell Law School, J.D., magna cum laude
  • Dartmouth College, B.A., Economics
Bar Admissions/Licenses
  • District of Columbia
Memberships
  • Steering Committee, Antitrust Community of the District of Columbia Bar, 2017-2020
  • American Bar Association, Antitrust Section; Editorial Board Chair, 2018 Annual Review of Antitrust Law Developments

 

Honors & Awards
  • Top Author, Antitrust & Trade Regulation Industry, JD Supra Reader's Choice Awards, 2018
  • Attorney General's Award for Distinguished Service, U.S. Department of Justice, 2015, 2016 
  • John Marshall Award for Participation in Litigation, U.S. Department of Justice, 2009
  • Order of the Coif, 1994
  • Editor, Cornell Law Review, 1994

Publications

Speaking Engagements

News