Kenneth B. Schwartz

Skadden, Arps, Slate, Meagher & Flom (New York)
Counsel

Ken Schwartz represents clients in antitrust transactional and advisory matters. He has worked in a diverse range of industries, including airlines, agriculture, chemicals, consumer products, energy, entertainment, financial services, health care, media, medical devices, natural resources, pharmaceuticals, retail and telecommunications. Mr. Schwartz routinely appears before the U.S. Department of Justice, the Federal Trade Commission, the U.S. Department of Agriculture and state antitrust authorities. He has assisted in numerous high-profile transactions, including the unsecured creditors committee of American Airlines with respect to the merger with US Airways, Nordion in its acquisition by Sterigenics International, Revlon in its acquisition of The Colomer Group, ASML in its acquisition of Cymer, Westwood One in its acquisition by Dial Global, XTO Energy Inc. in its acquisition by ExxonMobil Corporation, American Express Company in its acquisition of Revolution Money Inc., VeraSun Energy Corporation in its sale of assets to Valero Energy, US BioEnergy in its acquisition by VeraSun, JBS S.A. in it acquisitions of Smithfield Beef Group and Five Rivers Ranch Cattle Feeding LLC, Alcatel in its acquisition of Lucent Technologies, M&F Worldwide Corp. in its acquisitions of Pearson plc’s data management business and John H. Harland Company, and Oakley International in its acquisition by Luxottica Group. Mr. Schwartz also regularly appears before the antitrust agencies in a variety of investigational contexts. In the area of general antitrust counseling, Mr. Schwartz advises clients on a variety of antitrust matters, including joint ventures, competitor collaborations, unilateral conduct, and pricing and distribution issues. In 2012, he won the Institute of Competition Law’s Antitrust Academic Article Readers Award for “‘Tally Ho!’: UPP and the 2010 Horizontal Merger Guidelines,” co-authored with James Keyte.

Distinctions

Linked authors

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

Articles

578 Bulletin

Clifford H. Aronson, Kenneth B. Schwartz, Maria Raptis, Matthew P. Hendrickson, Steven C. Sunshine The U.S. District Court for the District of Columbia blocks two proposed mergers in the insurance sector brought and litigated under the Obama administration (Aetna / Humana and Anthem / Cigna)

89

In a continuation of recent Department of Justice (DOJ) successes challenging mergers, the U.S. District Court for the District of Columbia recently enjoined two more proposed mergers brought and litigated under the Obama administration. Aetna’s $37 billion proposed acquisition of Humana was (...)

Clifford H. Aronson, Kenneth B. Schwartz, Matthew P. Hendrickson The US Department of Justice files a complaint against an activist investor before the U.S. District Court for the Northern District of California for violations of the Hart-Scott-Rodino Act’s (ValueAct)

151

On April 4, 2016, the U.S. Department of Justice, Antitrust Division (DOJ) led
 a complaint against activist investor ValueAct Capital in California federal court, requesting a $19 million fine for violations of the Hart-Scott-Rodino (HSR) Act’s notifcation provisions . The DOJ’s complaint alleged (...)

Clifford H. Aronson, John H. Lyons, Kenneth B. Schwartz, Maria Raptis, Matthew P. Hendrickson, Steven C. Sunshine The U.S. District Court for the Northern District of Ohio denies the Federal Trade Commission’s bid to enjoin a company from acquiring its alleged potential competitor (Steris / Synergy)

119

On September 24, 2015, the U.S. District Court for the Northern District of Ohio denied the Federal Trade Commission’s (FTC) bid to enjoin Steris Corporation (Steris) from acquiring its alleged potential competitor, Synergy Health plc (Synergy). The loss breaks a string of victories in merger (...)

Clifford H. Aronson, Kenneth B. Schwartz, Matthew P. Hendrickson The DOJ condemns pre-merger coordination requiring target company to sell factory (Flakeboard America / SierraPine)

219

On November 7, 2014, the United States Department of Justice, Antitrust Division (DOJ) announced a $5 million agreement to settle charges that Flakeboard and SierraPine had engaged in unlawful pre-merger coordination . The DOJ’s complaint alleged that the parties’ conduct constituted both a per (...)

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