Skadden, Arps, Slate, Meagher & Flom (Washington)

David Wales

Skadden, Arps, Slate, Meagher & Flom (Washington)

David Wales is a Partner at Skadden, Arps, Slate, Meagher & Flom and is based in London. Previously the Global Chair of Antitrust Practice at Jones Day, David Wales has extensive antitrust experience in both the private and public sectors. He represents foreign and domestic clients in a wide range of industries on all aspects of antitrust, including mergers and acquisitions, criminal grand jury investigations, dominant firm conduct, distribution arrangements, licensing, and competitor collaborations. Dave has the unique experience of serving as a senior official in both U.S. antitrust agencies. He spent three years at the Federal Trade Commission and, from 2008 to 2009, oversaw all of the agency’s antitrust enforcement as acting director of the Bureau of Competition. Dave was involved with many industries at the FTC, including pharmaceuticals, health care, energy, chemicals, defense, retail, consumer products, and high-technology. Major matters handled during his tenure included Whole Foods’ acquisition of Wild Oats, CCC’s acquisition of Mitchell, lawsuits against Cephalon and Solvay Pharmaceuticals for exclusion payment agreements, and Inova’s acquisition of Prince William Hospital. From 2001 to 2003, Dave was counsel to the assistant attorney general in the Department of Justice’s Antitrust Division, where he was part of the team overseeing all antitrust matters before the agency, including the Microsoft case, the DIRECTV/Echostar merger, and Northrop Grumman’s acquisition of TRW. Prior to his recent government tenure, Dave was an antitrust partner with Cadwalader, Wickersham & Taft and Shearman & Sterling. Dave has testified on antitrust policy issues before the U.S. Congress and the Antitrust Modernization Committee. He regularly speaks and writes on antitrust and has had various leadership positions in the American Bar Association’s Antitrust Section.


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Skadden, Arps, Slate, Meagher & Flom (Washington)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Skadden, Arps, Slate, Meagher & Flom (Washington)
Skadden, Arps, Slate, Meagher & Flom (New York)


6675 Bulletin

Steven C. Sunshine, Boris Bershteyn, Kenneth Schwartz, David Wales, Matthew Martino, Julia K. York, Karen M. Lent, Michael H. Menitove, Michael Sheerin, Tara L. Reinhart, Joseph M. Rancour, Clifford H. Aronson, Maria Raptis The US FTC and DOJ introduce the new merger guidelines which are designed to modernize the US merger enforcement


The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines today, 18 months after FTC Chair Lina Khan and Assistant Attorney General Jonathan Kanter announced plans to “modernize” the agencies’ approach to (...)

Matthew Collin, David Hepp, Shalom Huber, Matthew Martino, Joseph M. Rancour, David Wales, Michael Sheerin, Joseph Penko, Erica Schohn, David Schwartz, Anne Villanueva, Joseph Yaffe, Rachel Kurth, Brittany Blank The US FTC proposes a broad ban on worker noncompete clauses


On January 5, 2023, the U.S. Federal Trade Commission (FTC) issued a notice of proposed rulemaking under the FTC Act with far-reaching implications for U.S. employers. If enacted and enforced, the proposed rule would prohibit employers from entering noncompete clauses with workers, and require (...)

Zachary Siegler, Margaret E. Krawiec, Tara L. Reinhart, David Wales The US FTC adopts a policy statement outlining its criminal antitrust enforcement efforts and its plans to reinforce inter-agency collaboration and transparency


On November 18, 2021, the Federal Trade Commission (FTC) voted 4-0 to adopt a new policy statement outlining the commission’s plans to expand its criminal referral program in an effort to prevent and deter corporate crime stemming from consumer protection and criminal antitrust misconduct. The (...)

Tara L. Reinhart, David Wales The US President Joe Biden issues an executive order which articulates the administration’s broad antitrust policy and instructs antitrust agencies to increase enforcement to prevent a rise in consumer prices and competitive harm in labor markets


Takeaways Under the Biden administration’s “whole-of-government” approach to promoting competition, a range of agencies outside the DOJ and FTC have been asked to use their authority to reform markets. Wide-ranging procedural changes at the FTC have expanded its review powers and complicated (...)

Boris Bershteyn, Tara L. Reinhart, Jessica R. Watters, David Wales The US Government announces two key nominations at the White House and the FTC that signal a pro-enforcement approach to antitrust policy


President Biden has signaled a pro-enforcement approach to antitrust policy by naming Columbia Law School professor Tim Wu as a White House adviser and nominating Lina Khan, who also teaches at Columbia Law, to be commissioner of the Federal Trade Commission (FTC). Both are known for expansive (...)

Justine M. Haimi, David Wales, Karen M. Lent The US State of Delaware Chancery Court issues an opinion in litigation between two health-insurance giants over a failed merger and confirms that neither is entitled to damages (Anthem / Cigna)


On August 31, 2020, the Delaware Chancery Court issued an opinion in litigation between Anthem and Cigna related to the contract in their terminated merger. In its sprawling 306-page opinion, the court detailed a “corporate soap opera” in which the parties’ “battle for power spanned multiple (...)

Karen M. Lent, Giorgio Motta, Tara L. Reinhart, Clifford H. Aronson, Steven C. Sunshine, David Wales The US DoJ publishes a statement cautioning that the antitrust laws remain in effect and agreements among competitors that set commercial terms may be illegal


Antitrust-Related Considerations Collaborations With Competitors Companies seeking to collaborate with competitors in response to the COVID-19 crisis must keep in mind, as the Department of Justice has recently cautioned, that the antitrust laws remain in effect, and agreements among (...)

Maria Raptis, Tara L. Reinhart, Kenneth Schwartz, David Wales The US FTC holds a new hearing on the extent to which the Authority should use merger retrospectives to strengthen enforcement


On April 12, the Federal Trade Commission held a hearing to debate the extent to which the FTC should use retrospective reviews to strengthen merger enforcement. This was the latest in the series of hearings on Competition and Consumer Privacy in the 21st Century. The hearing included remarks (...)

Tara L. Reinhart, David Wales, Julia K. York The US Court of Appeals for the Third Circuit holds the FTC must show defendants are ‘about to violate’ the law for injunctive relief and disgorgement (Shire Viropharma)


On February 25, 2019, in FTC v. Shire ViroPharma, Inc., the U.S. Court of Appeals for the Third Circuit confirmed that the Federal Trade Commission (FTC) cannot plead its way into federal court via Section 13(b) of the FTC Act in the absence of specific allegations that a defendant “is (...)

Bruce McDonald, David Wales, John M. Majoras, Kathryn Fenton, Michelle Fischer, Ryan C. Thomas, Stephen J. Squeri The U.S. Department of Justice Antitrust Division considers individual civil enforcement actions against executives implicated in corporate wrongdoing (Yates Memo)


This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The U.S. Department of Justice Antitrust Division will consider individual civil enforcement actions against executives implicated in corporate wrongdoing, (...)

David Wales, Kathryn Fenton, Michael H. Knight, Paula W. Render, Thomas D. York The Federal Trade Commission revises the Merger rules which implements automatic atay of Administrative litigation when Agency loses preliminary injunction in Court


This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. One important procedural difference between merger challenges by the U.S. Department of Justice and the Federal Trade Commission is that FTC may challenge a (...)

Craig A. Waldman, David Wales, Geoffrey D. Oliver The US FTC announces an unusual proposed consent agreement to resolve unprecedented allegations on enforcement of standards-essential patents (Bosch / SPX)


The U.S. Federal Trade Commission this week announced a highly unusual proposed consent agreement reached with Robert Bosch GmbH ("Bosch") that permits Bosch’s acquisition of SPX Service Solutions U.S. LLC ("SPX Service Solutions") from SPX Corporation ("SPX") to proceed. More significantly, (...)

Bruce McDonald, David Wales, Kathryn Fenton The U.S. Court of Appeals for the District of Columbia Circuit upholds FTC subpoena in investigation into bundling and exclusionary practices (Church & Dwight)


A unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld a district court decision enforcing the Federal Trade Commission’s administrative subpoena and civil investigative demand in an ongoing FTC investigation. The December 13, 2011, opinion is noteworthy (...)

David Wales, Geoffrey D. Oliver, Michael H. Knight The US FTC sues to undo completed acquisition in the healthcare industry approved by the Bankruptcy Court (LabCorp / Westcliff)


The Federal Trade Commission has filed an administrative lawsuit seeking to undo Laboratory Corporation of America’s (« LabCorp ») acquisition of Westcliff Medical Laboratories, Inc. (« Westcliff »). According to the agency’s December 1 complaint, the merger will substantially lessen (...)


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