Practice Expertise

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Areas of Practice

  • Antitrust and Consumer Protection
  • Antitrust Litigation
  • Health Care and Life Sciences
  • Litigation
  • Merger Review and Counseling
  • Mergers and Acquisitions
  • View More

Profile

Kevin focuses on antitrust merger review, including pre-transaction counseling, merger investigations and merger litigations. He previously served as head of the FTC’s Mergers IV Division, where he led investigations in proposed transactions in key industries, including retail, consumer products, distribution, hospitals and other healthcare providers.

Kevin brings over 25 years of antitrust experience from both the FTC and private practice. He has extensive experience reviewing, investigating and litigating merger transactions. As head of the Mergers IV Division, Kevin led teams in several prominent FTC merger challenges and spearheaded FTC review of numerous high-profile transactions. 

Kevin also served as Counsel to the Director in the Bureau of Competition Front Office where he assisted in overseeing the Mergers III Division (oil and gas industries, including pipelines, terminals and retailing) and Anticompetitive Practices Division (civil non-merger conduct). 

Relevant Experience

  • Represented Food Lion as private plaintiff in vertical merger challenge of DFA/Dean Foods (settled)
  • Represented Order recipient and non-Order recipients in FTC’s 6(b) Study on Supply Chain Disruption
  • Represented third parties in connection with FTC and DOJ merger investigations and challenges, including:
    • FTC investigation in Amazon/One Medical (February 2023)
    • FTC settlement in Tractor Supply/Orscheln (October 2022)
    • FTC settlement in Prince/Ferro (April 2022)
    • FTC settlement in Tops/Price Chopper (November 2021)
    • FTC settlement in Global Partners/Wheels (December 2021)
    • DOJ challenge of Verzatec/Crane (May 2022)
    • DOJ settlement in Lactalis/Kraft (November 2021)
    • DOJ settlement in Stone Canyon/Morton Salt (April 2021)
  • Represented trade association in submission of comments to FTC’s proposed rulemaking on noncompetes
  • Represented Agilitas Private Equity LLP in its sale of Hydro International to Oldcastle Infrastructure, A CRH Company.
  • Represented Darden in connection with its acquisition of Ruth’s Chris Steak House.
  • Represented American Electric Power Company, Inc. (“AEP”) in connection with the $1.5 billion sale of its 1,365-megawatt unregulated, contracted renewables portfolio to IRG Acquisition Holdings, a partnership owned by Invenergy, CDPQ and funds managed by Blackstone Infrastructure.
  • Represented Medica in its strategic relationship with SSM Health
  • Represented Coastal Plywood Company in its $512 million sale to Boise Cascade Company
  • Represented Healthcare Realty Trust in its $18 billion combination with Healthcare Trust of America
  • Represented Fortress Investment Group in its acquisition of J. Alexander’s Holdings, a publicly traded restaurant company
  • Represented Sonesta International Hotels Corporation in its acquisition of Red Lion Hotels Corporation, a publicly traded hotel franchisor
  • Represent Vopak and BlackRock in purchase of US Gulf Coast Terminal Assets from Dow
  • Represented GAINSCO in its sale to State Farm Mutual Automobile Insurance Company

During his tenure at the FTC, Kevin had a leading role in merger investigations and enforcement actions/litigations across various industries including: 

Retail and Consumer Products

  • Post Holdings/TreeHouse Foods (complaint filed/transaction abandoned)
  • J.M. Smucker/Conagra Brands (complaint filed/transaction abandoned)
  • Albertson’s/Safeway (consent requiring divestitures)
  • Bass Pro/Cabela’s
  • Energizer/Spectrum Brands
  • Heinz/Kraft
  • Visant/AAC (complaint filed/transaction abandoned)
  • Kroger/Harris Teeter
  • Herff Jones/AAC (transaction abandoned)

Healthcare

  • United/DaVita (consent involving horizontal and vertical transaction)
  • Sanford/Mid Dakota Clinic (preliminary injunction granted)
  • Advocate/NorthShore (preliminary injunction granted)
  • Beth Israel/Lahey Health
  • Reading Hospital/Surgical Institute of Reading (complaint filed/transaction abandoned)
  • ProMedica/St. Luke’s (preliminary injunction granted)
  • Scott & White Health/Kings Daughter
  • Carilion Clinic (complaint filed/settled)
  • Inova/Prince William (complaint filed/transaction abandoned)

Distribution and Casinos

  • US Foods/Services Group of America (consent requiring divestitures)
  • RNDC/Breakthru Beverage (transaction abandoned)
  • Staples/Essendant (consent involving vertical transaction)
  • Penn/Pinnacle (consent requiring divestitures)
  • Staples/Office Depot (preliminary injunction granted)
  • Pinnacle/Ameristar (complaint filed/settled)

Education
BA, Swarthmore College, 1989

Areas of Practice

  • Antitrust and Consumer Protection
  • Antitrust Litigation
  • Health Care and Life Sciences
  • Litigation
  • Merger Review and Counseling
  • Mergers and Acquisitions

Professional Career



Articles

  • Health Mergers May Face Antitrust Hurdles Amid Pandemic, Law360
  • FTC Lawsuit Debuts New Enforcement Agenda Targeting Private Equity “Roll-Up” Acquisitions Against Texas Anesthesia Provider and PE Sponsor Alleging Multiple Antitrust Violations, American Health Law Association
  • FTC Studying Supply Chain Disruption, With Orders to Nine, Retail Industry 2021 Year in Review
  • Overview of Private Merger Challenges Filed Since 2000
  • FTC Antitrust Enforcement Post-AMG Capital Management, Some Assembly Required, (AHLA) American Health Law Association
  • FTC and Rhode Island AG Successfully Blocked Merger Between Rhode Island’s Two Largest Health Systems and Signaled Potential New Direction for Merger Enforcement, American Health Law Association
  • Clarifying Bundle Markets and Distinguishing Them from Cluster Markets, The Antitrust Source, ABA Journals
  • Recent Private Merger Challenges: Anomaly or Harbinger?, Antitrust
  • Addendum to article in Antitrust Magazine “Private Merger Challenges: Anomaly or Harbinger?”, Antitrust Magazine
  • New, higher HSR thresholds and filing fees for 2024, Westlaw Today
  • Looking Into the Merger Review Crystal Ball: New Trends That Will Shape Future Enforcement, Retail Industry 2022 Year in Review
  • FTC Lawsuit Debuts New Enforcement Agenda Targeting Private Equity “Roll-Up” Acquisitions Against Texas Anesthesia Provider and PE Sponsor Alleging Multiple Antitrust Violations, Health Law Weekly
  • Three Key Things in Health Care
  • Three Key Things in Health Care
  • Three Key Things in Health Care
  • M&A Quarterly Reporter – 2021 Q3
  • A Tale Of Two Cases: Lessons In No-Poach Litigation, Law360

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