Kenneth B. Schwartz

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, 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:

  • Ainsworth Lumber Co. in its acquisition by Norbord, Inc.;
  • the unsecured creditors committee of American Airlines with respect to the merger with US Airways;
  • Boral Limited in its $2.6 billion acquisition of Headwaters Incorporated;
  • Builders FirstSource, Inc. (a portfolio company of JLL Partners) in its $1.6 billion acquisition of ProBuild Holdings LLC from Devonshire Investors;
  • CF Industries in the sale of its phosphate business to The Mosaic Company and in an unsolicited bid for Terra Industries, Inc.;
  • EMC Corporation in its $67 billion acquisition by Dell Inc.;
  • HealthSouth Corporation in its acquisition of the operations of Reliant Hospital Partners and in its acquisition of EHHI Holdings, Inc.;
  • 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;
  • Otsuka Pharmaceutical in its acquisition of Avanir Pharmaceuticals;
  • The Travelers Companies, Inc. in its US$490 million acquisition of Simply Business Holdings Ltd. from Aquiline Capital Partners LLC;
  • Vantiv in its $12 billion merger with Worldpay;
  • an affiliate of Veritas Capital in its $690 million acquisition of the government IT services business of Harris Corporation; and
  • XL Group plc in 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.

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 and Competition
ken.schwartz@skadden.com