David A. Scupp

David A. Scupp is a partner in Constantine Cannon’s New York Office. David concentrates his practice on antitrust litigation and counseling, as well as other commercial disputes. He has successfully represented corporations, directors, officers, and individuals in a variety of industries, both as plaintiffs and defendants, before numerous federal and state courts and in arbitration proceedings.

David’s notable litigation experience includes:

  • Representing over 65 of the nation’s largest merchants as antitrust plaintiffs in litigation against payment card networks and issuing banks.
  • Representing independent pharmacies in antitrust and commercial disputes, including in litigation and arbitration, against Pharmacy Benefit Managers.
  • Representing a putative class of riders in an antitrust action against ride hailing company.
  • Representing a U.K. sportswear and equipment manufacturer in defamation action against premium cable network.
  • Defending private equity firm, its portfolio beverage companies, and their former directors, in shareholder derivative action.
  • Defending large government contractor in international arbitration proceedings.
  • Representing an owner and operator of television stations across the U.S. in retransmission consent dispute with major cable company.
  • Defending a leading test preparation company in antitrust class action.
  • Representing one of the nation’s largest privately owned banks in litigation against a top financial technology services provider.

David also has written, lectured, and been interviewed extensively on matters relating sports antitrust law. His analysis has been quoted in a wide range of national publications including USA Today, Sports Illustrated, and CBSSports.com.

David earned a J.D. from the University of Virginia School of Law in 2005, and a B.S. in Commerce, with a concentration in finance, from the University of Virginia in 2002.

He is admitted to practice in the State of New York and in the U.S. District Courts for the Southern and Eastern Districts of New York.

David A. Scupp's Publications & Speeches

Aug132014
NCAA's Loss In O'Bannon Trial May Be Only A Partial Victory For Competition

Antitrust Today (August 13, 2014).

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Apr12014
The hypocrisy of big-time college sports

CNN (April 1, 2014). Click here to read the article.

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Nov92011
The End of the Amateur Athlete

Competition Law 360, Nov. 9, 2011 download PDF

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Sep202011
NBA V. NBPA: Tactical Strike Or Tactical Blunder?

Law360 (Sept. 20, 2011) Click here to read the article.

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May92011
We've been here before, and football on Sundays survived

Street & Smith's Sports Business Journal, May 9-15, 2011 download PDF

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Mar172011
The Real March Madness: The Failed BCS Championship and Why the Antitrust Laws Are Not the Answer

Competition Law 360, March 17, 2011 download PDF

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Jan182011
Decertification: The NFLPA And NBPA's Nuclear Option

Competition Law 360 (Jan. 18, 2011) download PDF

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Aug232010
Antitrust laws do not provide answer to reforming BCS

Street & Smith's Sports Business Journal (Aug. 23-29, 2010) download PDF

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