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 20 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

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)

Memberships

  • Member, American Bar Association Section of Antitrust Law
  • Member, American Health Lawyers Association

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