Edward B. Schwartz

"Edward Schwartz’s advocacy skills have been instrumental in his successes in DOJ, FTC, and state attorneys general investigations."
Legal 500 USA, Antitrust: Civil litigation/class actions: defense

Ed has over three decades of experience defending clients in antitrust, consumer protection, and other commercial litigation, and before the FTC, DOJ, and state attorneys general in merger and other antitrust investigations, both civil and criminal. He is recognized for his aggressive and successful pursuit of clients’ interests, and for his advocacy skills both in and out of the courtroom, including through trial.

Experience

Representative matters

Representing digital platform company Match in litigation with the Federal Trade Commission arising out of data breach investigation.

Representing the BBC in antitrust case pending in the DC District Court alleging a conspiracy among client, The Washington Post, AP, Reuters, and various digital platforms to boycott plaintiffs’ anti-vax and other Covid-related media content.

Represented home goods supplier in class action filed in the District of Massachusetts alleging that client engaged in “greenwashing” in violation of state laws. Motion to dismiss with prejudice granted by district court.

Litigation

Representing digital platform company Match in litigation with the Federal Trade Commission arising out of data breach investigation.

Representing options exchange MIAX in Sherman Act Section 2 (monopolization) claims filed against NASDAQ alleging predatory scheme including sham litigation to monopolize and restrain trade in relevant markets for the sale and licensing of the trading technology.

Representing generics pharmaceuticals manufacturer Avet in multi-district litigation antitrust cases brought by putative classes of direct and indirect purchasers, states attorneys generals and opt-out plaintiffs. In re Generic Pharmaceuticals Antitrust Pricing Litigation, MDL NO. 2724, Case No. 16-md-2724-CMR.

Represented Amadeus (one of three defendant global distribution systems) in class action brought by putative class of U.S. air travellers alleging conspiracy to impose on airlines substantially the same contract terms, requiring them to provide "full content" with respect to flights, fares, and ancillary services. Gordon v. Amadeus IT SA, No. 1:15-cv-05457 (S.D.N.Y).

Represented national waste management company Republic Services in case filed against a California subsidiary (pre-acquisition) alleging state claims of breach of contract, unjust enrichment, and unfair competition. After taking over case from prior counsel post-discovery, won dismissal of two claims on summary judgment and obtained verdict for client July, 2018, following bench trial on unfair competition claim. REDF-Organic Recovery LLC v. Rainbow Disposal Co., Inc., No. 654492/2012 (Supreme N.Y., N.Y. County).

Represented Republic Services in other antitrust cases including (1) a case filed in the Northern District of California alleging monopolization of a market for waste truck drivers (dismissed on motion); and (2) state court of Louisiana (case settled for nominal damages following dismissal of state antitrust claims leaving only a breach of contract claim).

Represented Western Union in defending client in litigation filed by FTC to enforce CID in the Southern District of New York, resulting in order partially quashing the CID. Following cross-appeals to the Second Circuit, the Court remanded on issue client lost before District Court, with no order to produce issuing.

Represented pharmaceutical supplier Sandoz in sham litigation counterclaim against patent litigation plaintiffs Allergan and Duke University.

Represented Cathay Pacific in two, separate consolidated class actions (one in E.D.N.Y. and one in N.D. Cal.) alleging global price-fixing conspiracies relating to fuel surcharges in the air cargo and air passenger industries.

Represented Korean food manufacturer in putative consolidated antitrust class action alleging price fixing of products sold in the United States. Obtained dismissal of both Korean-supplier and U.S. distributor on motion to dismiss for failure to state a claim (motion denied to all other Korean defendants). In re Korean-Ramen Antitrust Litigation, No. 3:12-cv-04115 WHO.

Represented Rockwell Collins in IP claims brought against avionics service competitor, and in defending antitrust counterclaims. Conducted extensive formal and informal discovery of defendant, resulting in discovery of significant illegal conduct, including counterfeiting of FAA-mandated repair plates. Settled case during mediation with judgment entered for Rockwell on antitrust claims, and for over three times actual damages on IP claims.

Defended Rockwell Collins against Sherman Act Section 2 "Kodak" claim brought by avionics competitor challenging Rockwell's policies and practices relating to terms for cooperating in integration of equipment. Following several years of discovery, obtained summary judgment for Rockwell, affirmed on appeal by 9th Circuit. Universal Avionics Corp. v. Rockwell Int'l Corp., 184 F. Supp. 2d 987 (D. Ariz).

Represented global gold producer Barrick Gold in class action brought by gold purchasers alleging that Barrick and J.P. Morgan conspired to fix gold futures prices through Barrick’s gold price hedge program.

Represented Caterpillar in antitrust case brought by parts distributors challenging parts distribution policy. After three years of discovery and a six-week trial, prevailed on motion for judgment as a matter of law (JMOL) on antitrust claims and obtained jury verdict on state law claims. Godix Equipment Export Corp. v. Caterpillar, Inc. 948 F Supp. 1570 (S.D. Fla.).

Represented Blue Cross of Louisiana in monopsony case brought by HCA-owned hospitals. Case settled successfully through mediation following cross-motions for summary judgment. Blue Cross Blue Shield of Louisiana v. Rapides Healthcare Systems et al., No. 00-694-D-M2 (E.D. La.)

Merger investigations

Representing hospital chain in analysis of antitrust clearance risk arising from potential merger.

Represented supplier of industrial products in series of horizontal and vertical acquisitions (reportable and non-reportable transactions) as part of client’s multi-year, global growth strategy.

Represented Republic Services in $500 million merger in investigation by the Department of Justice Antitrust Division Investigation resolved by consent decree on favorable terms following investigation that included a Second Request.

Represented avionics and aerospace communications company Rockwell Collins before the DOJ Antitrust Division in its $1.39 billion acquisition of aerospace-transportation communications and technology supplier ARINC. Following an investigation into various vertical theories of competitive harm and partial compliance with a Second Request, the DOJ granted the parties’ request for early termination and cleared the transaction without condition.

Represented Republic Services before the Department of Justice Antitrust Division and various states in Republic’s $6.07 billion proposed merger with Allied Waste Industries. Obtained clearance for the merger following an investigation that included a Second Request. The merger joined the second- and third-largest players in the waste disposal industry. Advised Republic in connection with Waste Management’s unsolicited offer for Republic.

Represented Republic Services in other merger investigations including its acquisition of oil field services provider Tervita for $485 million (early termination granted), Rainbow Services (early termination granted), and others.

Represented Dun & Bradstreet in administrative litigation brought by FTC challenging the company’s acquisition of Quality Education Data, a supplier of educational marketing databases.

Represented numerous clients in federal and state criminal and civil antitrust investigations.

Non-merger (conduct) antitrust investigations

Represented client in 2021 criminal no-poach investigation. Investigation closed without action

Represented national service provider in multi-state investigation into assertion of coordination with competitors relating to contracting practices. Investigation closed without action.

Represented supplier of construction products in Department of Justice criminal antitrust investigation into suspected market allocation agreement. Investigation closed without action.

Represented on-line supplier of prescription healthcare products in FTC investigation into distribution practices.

Represented supplier of heavy equipment in DOJ Antitrust Division investigation into parts distribution policies.

Consumer protection investigations

Represented consumer products company in “greenwashing” case filed in federal court. Won a dismissal with prejudice on first complaint following extensive briefing and oral argument.

Representing digital platform company in FTC data breach investigation.

Represented retailer in false advertising investigation.

Represented Western Union in multi-year investigation by the FTC Bureau of Consumer Protection into the adequacy of the client’s global anti-fraud program. Representation included defending client in litigation filed by Commission to enforce CID in the Southern District of New York, resulting in order partially quashing the CID. Following cross-appeals to the Second Circuit, the Court remanded on issue client lost before District Court, with no order to produce issuing.

Recognitions

Recognized as a Stand-out Lawyer by Thomson Reuters, 2023-2026
Selected for inclusion in the Washington, D.C., Super Lawyers list for Antitrust Litigation, 2014-2022
Named to the National Law Journal’sTrailblazers in Antitrust – Mergers and Acquisitions list

Credentials

Education

Boston College Law School, J.D., cum laude, Editor-in-Chief, Boston College Environmental Affairs Law Review
Hamilton College, B.A.

Professional admissions & qualifications

District of Columbia
New York

Court admissions

All State and Federal Courts - New York
U.S. Court of Appeals
U.S. Court of Appeals - District of Columbia Circuit
U.S. Court of Appeals - Eighth Circuit
U.S. Court of Appeals - Ninth Circuit
U.S. Court of Appeals - Second Circuit
U.S. Court of Appeals - Third Circuit
U.S. District Court - Eastern District of New York
U.S. District Court - Southern District of New York
U.S. Supreme Court

Professional affiliations

Trial Practice Committee of the American Bar Association Antitrust Section, Vice Chair (past)
District of Columbia Bar Association
New York State Bar Association