Ken Schwartz represents clients in antitrust transactional and advisory matters. He has worked in a diverse range of industries, including agriculture, airlines, chemicals, consumer products, defense and government contracting, energy, entertainment, financial services, health care, insurance, media, medical devices, natural resources, private equity, pharmaceuticals, retail and telecommunications.

Bio

Mr. Schwartz routinely appears before the U.S. Department of Justice, the Federal Trade Commission 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;
  • Ash Grove Cement Company in its $3.5 billion acquisition by CRH plc;
  • Boral Limited in its $2.6 billion acquisition of Headwaters Incorporated;
  • CF Industries in the sale of its phosphate business to The Mosaic Company and in an unsolicited bid for Terra Industries, Inc.;
  • CME Group Inc. in its acquisition of NEX Group plc for $5.5 billion, including assumed debt;
  • EMC Corporation in its $67 billion acquisition by Dell Inc.;
  • EnergySolutions in a trial defending the company against the U.S. Department of Justice’s lawsuit to block Energy Solutions’ proposed $367 million acquisition of Waste Control Specialists;
  • Esterline Technologies Corporation in its $4 billion acquisition by TransDigm Group Inc.;
  • Key Safety Systems in its acquisition of substantially all of Japan-based Takata Corporation’s global assets and operations;
  • Leidos Holdings Inc. in its $5 billion combination with the realigned information systems and global solutions business of Lockheed Martin Corporation in a Reverse Morris Trust transaction;
  • Pinnacle Entertainment, Inc. in its acquisition by Penn National Gaming, Inc. in a cash and stock transaction valued at approximately $2.8 billion;
  • Vantiv in its $12 billion merger with Worldpay; and
  • XL Group in its $15.3 billion acquisition by AXA SA and its $4.2 billion cash-and-stock acquisition of Catlin Group Limited.

Mr. Schwartz 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. He also frequently works with Skadden’s Financial Institutions Group on antitrust issues that arise in insurance M&A and regulatory matters.

Mr. Schwartz was selected for inclusion in Chambers USA: America’s Leading Lawyers for Business 2018. He is a regular columnist for the New York Law Journal. 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.

Credentials

Education

  • J.D., Tulane Law School, 2000 (magna cum laude Order of the Coif; Notes and Comments Editor, Tulane Law Review)
  • B.A., Brown University, 1996 (with honors)

Admissions

  • New York

Associations

  • American Bar Association
  • New York State Bar Association

Kenneth B. Schwartz

Partner, Antitrust/Competition
ken.schwartz@skadden.com