Rob’s Washington, DC-based competition and trade regulation practice involves counseling on the competitive implications of business strategies, regulatory matters, and litigation. He defends clients in complex litigation and in merger and regulatory reviews by agencies such as the US Department of Justice, the Federal Trade Commission, the Federal Communications Commission, and the Committee on Foreign Investment in the US. Rob’s clients include media and telecommunications companies, health systems and providers, national retailers, trade associations, life sciences companies, and technology companies.
Rob specializes in clearly explaining strategic risks and their relative values in order to help senior executives make informed decisions. He provides advice to clients from across the country and around the world in high-profile matters including:
- Complex litigation (class action and otherwise)
- Antitrust issues in mergers and acquisitions / second requests
- Strategic business planning and risk management
- Regulatory issues arising from foreign investments in U.S. businesses (particularly Chinese investment)
- Federal and state regulatory investigations
- Policy advocacy and notice-and-comment rulemaking
- Appellate review of agency action
- Trade association counseling
- Privacy and data security
- Consumer protection and unfair/deceptive trade practices
Rob represents clients in numerous markets, including:
- Media content and distribution
- Wireless communications
- Health care providers and services
- Life sciences
- Technology
- Retail & Consumer Products
- Trade associations and non-profits
He has written and spoken widely on litigation risk management and cost containment and on issues faced by businesses when they interact with federal and state enforcers and administrative agencies.
Rob is an active supporter of the firm’s pro bono program, providing representation to numerous indigent clients before the Social Security Administration and in local family and domestic relations courts. He has provided corporate and business planning advice to the National Network to End Domestic Violence and other non-profit clients. He is also an active supporter of the firm’s mentoring and sponsorship program.
Prior to his career in the law, Rob was an on-air radio personality and station production director in Lexington, KY.
Rob’s Washington, DC-based competition and trade regulation practice involves counseling on the competitive implications of business strategies, regulatory matters, and litigation. He defends clients in complex litigation and in merger and regulatory reviews by agencies such as the US Department of Justice, the Federal Trade Commission, the Federal Communications Commission, and the Committee on Foreign Investment in the US. Rob’s clients include media and telecommunications companies, health systems and providers, national retailers, trade associations, life sciences companies, and technology companies.
Experience
- Co-lead trial counsel in the 2020 jury trial of a nationwide class action alleging global price fixing in sales of capacitors.
- Lead U.S. antitrust counsel for Qiagen N.V. in its $11 billion sale to Thermo Fisher Scientific, announced in March 2020.
- Successfully represented a global contract manufacturer before the Committee on Foreign Investment in the United States (CFIUS) in its 2020 acquisition by a Chinese investor.
- Serves as ongoing antitrust counsel to one of the nation’s largest and most respected integrated physician/hospital provider network on matters including mergers, affiliations, investigations, and litigation.
- Represented the nation’s premier retail pharmacy chain in its $27 billion industry-transforming acquisition of a “big three” pharmacy benefits manager.
- Serves as ongoing antitrust counsel to several of the world’s leading genetic and molecular diagnostic test developers and providers.
- Lead counsel for three separate cable operators in sprawling multidistrict litigation involving more than 30 separate suits filed around the country relating to the alleged tying of cable set-top boxes to certain cable services.
- Serves as ongoing antitrust counsel to one of the world’s largest and most recognizable brands in healthcare equipment and technology.
- Serves as ongoing antitrust, regulatory, and litigation counsel to several of the nation’s leading cable, media, and wireless telecommunications companies and trade associations.
- Provides ongoing antitrust and foreign investment counsel to dozens of early-stage companies in biotech, healthcare, green energy, and high-tech manufacturing.
viewpoints
Out With the Old, In With the Statutes and Caselaw (Again): FTC and DOJ Withdraw Competitor Collaboration Guidelines in Favor of “Case-by-Case” Enforcement
December 12, 2024 | Blog | By Bruce Sokler, Robert Kidwell, Payton Thornton
The FTC and Department of Justice Antitrust Division have withdrawn the Antitrust Guidelines for Collaborations Among Competitors, which were originally issued in April 2000.
Federal Trade Commission Finalizes HSR Changes
October 11, 2024 | Alert | By Bruce Sokler, Robert Kidwell, Kristina Van Horn, Payton Thornton
The new HSR form, instructions, and implementing rules were announced yesterday and are set to take effect 90 days from publication in the Federal Register.
What’s Next? Google Found Liable In Search Monopolization Case with Remedies Phase To Come
August 7, 2024 | Blog | By Bruce Sokler, Robert Kidwell, Payton Thornton
On Monday, Judge Amit P. Mehta of the United States District Court for the District of Columbia issued a 277-page opinion finding Google liable for monopolizing the general search services and general search text ads markets.
FTC Announced Increased HSR Thresholds & Revised Filing Fee Schedule
January 23, 2024 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short, Sherwet H. Witherington, Payton Thornton
Yesterday, the Federal Trade Commission (FTC) announced increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended. The FTC revises the thresholds annually based on changes in the gross national product. The new thresholds take effect 30 days after publication in the Federal Register and apply to all transactions closing on or after that date.
New Merger Enforcement Toolkit: FTC and DOJ Release Final 2023 Merger Guidelines
December 27, 2023 | Blog | By Bruce Sokler, Joseph Miller , Robert Kidwell, Payton Thornton, Matthew Tikhonovsky
FTC Files Complaint on AI-Related Misleading Claims — AI: The Washington Report
September 1, 2023 | Article | By Robert Kidwell, Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir
Read about the FTC’s complaint against Automated AI and affiliated entities and individuals over AI-related misleading claims in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.
FTC Proposed Settlement Requires Private Equity Firm to Divest Shares, Relinquish Potential Board Seat, and Other Expansive Remedies
August 21, 2023 | Blog | By Bruce Sokler, Robert Kidwell, Payton Thornton
In with the Old, Out with the New: DOJ and FTC Issue Much-Anticipated Draft Merger Guidelines
July 26, 2023 | Blog | By Bruce Sokler, Joseph Miller , Robert Kidwell, Farrah Short, Evelyn French, Sherwet H. Witherington, Payton Thornton
The FTC and DOJ jointly published draft merger guidelines reflecting the agencies’ current aggressive approach to merger enforcement. In an article, Mintz Antitrust attorneys discuss the draft guidelines’ move away from the consumer welfare standard, lower thresholds for deals presumed to be illegal, and other key changes, including a focus on the effect of industry roll-ups.
Proposed Overhaul of HSR Premerger Notification Process
June 28, 2023 | Blog | By Farrah Short, Bruce Sokler, Joseph Miller , Robert Kidwell
The Federal Trade Commission (FTC) announced this week its Notice of Proposed Rule Making, drafted in concurrence with the U.S. Department of Justice (DOJ), that, if implemented would result in significant and burdensome changes to the U.S. merger review process.
FTC and DOJ Antitrust Memorialize Joint Workshop on the Future of Antitrust Enforcement in the Pharmaceutical Industry
June 6, 2023 | Blog | By Bruce Sokler, Joseph Miller , Robert Kidwell, Payton Thornton
The Federal Trade Commission, in coordination with the U.S. Department of Justice Antitrust Division, recently released a summary of the Agencies’ June 2022 joint workshop titled “The Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers.”
News & Press
Thomson Reuters Recognizes 10 Mintz Attorneys as “Stand-out Lawyers”
February 20, 2024
Mintz is pleased to share 10 attorneys have been named by their clients as Thomson Reuters “Stand-out Lawyers.”
Mintz Advises Muse Group on Combination with Hal Leonard and Growth Investment by Francisco Partners
December 19, 2023
San Francisco Managing Member Stephen Osborn and Member Robert Burwell led Mintz’s advisory team in facilitating a transformative combination for Muse Group with Hal Leonard, securing growth investment from Francisco Partners. This impactful collaboration merges Muse’s leadership in music content and creation with Hal Leonard’s renowned sheet music and music-learning expertise. The deal underscores Mintz’s commitment to supporting innovative technology companies in the Bay Area’s Private Equity landscape.
Mintz Represents Future Electronics In $3.8 Billion Announced Sale To WT Microelectronics
September 15, 2023
Mintz is representing Future Electronics in an all-cash, $3.8 billion sale targeted to close in the first half of 2024. Mintz M&A Members Daniel Follansbee and Ran Zioni led a multi-office team that included Special Counsel Nicholas Perricone, plus Associates and Antitrust, Debt Financing, and Employment Members. Toronto MP Mitch Frazer and other Partners provided Canadian guidance.
FTC Pharma Merger Digest May Offer Policy Clues
June 15, 2023
Law360 published an article jointly authored by Antitrust Co-chairs, Bruce Sokler and Joseph Miller, alongside Member Robert Kidwell examining the FTC's summary of the June 2022 joint workshop with the Antitrust Division of the US Justice Department titled "The Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers."
BOSTON– Mintz represented Gradiant Corporation, a global end-to-end solutions provider of advanced water and wastewater treatment, in its Series D financing.
Members Marc Mantell and Robert Kidwell, and associate Marina Rothberg co-authored an article published by Law360 discussing cross-border M&A activity and predictions for the upcoming year.
Member Robert Kidwell spoke to Foreign Investment Watch about the Senate's introduction of legislation known as the RESTRICT ACT that would acknowledge the "ongoing threat" presented by foreign adversaries' technology.
Mintz Advises Cybersecurity Firm Edgile in Sale to Wipro
January 12, 2022
Mintz Advises JMP Group in Sale to Citizens Financial Group
November 16, 2021
Biden Enforcers Fail to Stem Rising Merger Tide
October 22, 2021
Mintz Advises XCM Solutions in its Sale to Wolters Kluwer
September 22, 2020
The Shutdown Is Over, But Merger Review Backlog Remains
January 28, 2019
FTC Investigations Could Bring Unwanted Scrutiny to Hospitals
January 1, 2019
DOJ sensibly returns to antitrust fundamentals on patent licensing
November 23, 2018
Physician Practice Acquisitions And Antitrust Scrutiny
September 19, 2017
What The Qualcomm Case Tells Us About FTC And FRAND
January 26, 2017
A New Meaning For FRAND In Korea's Qualcomm Sanctions
January 24, 2017
Mintz Member Robert G. Kidwell to Speak at 2016 Association of Corporate Counsel Annual Meeting
October 04, 2016
What Have Merchants Gained From Payment Card Litigation?
August 10, 2016
McWane Cert. Loss Leaves Uncertainty For Exclusive Dealing
March 22, 2016
Mintz’s Wins Significant Antitrust Case for C-SPAN
June 10, 2013
Events & Speaking
From Drugmaker to Insurer: The Changing Landscape of the Pharmaceutical Supply Chain
Reorg Research & Event Driven
New York, NY
Into the Fire: Antitrust Issues in Mergers, Contracting, and Joint Ventures
Mississippi Hospital Association
Webinar
OHA 2016 Annual Meeting & Education Summit
Ohio Hospital Association
Hilton Columbus at Easton, Columbus, OH
Rob’s Washington, DC-based competition and trade regulation practice involves counseling on the competitive implications of business strategies, regulatory matters, and litigation. He defends clients in complex litigation and in merger and regulatory reviews by agencies such as the US Department of Justice, the Federal Trade Commission, the Federal Communications Commission, and the Committee on Foreign Investment in the US. Rob’s clients include media and telecommunications companies, health systems and providers, national retailers, trade associations, life sciences companies, and technology companies.
Recognition & Awards
Washington DC Super Lawyers: Rising Star – Antitrust Litigation (2013 – 2014)
Washington DC Super Lawyers: Antitrust Litigation (2017 - 2019)
Thomson Reuters Stand-out Lawyers (2024)
