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)

Memberships

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

Awards & Recognition

  • Recognized as a Leader in Antitrust, District of Columbia, Chambers USA, 2023
  • Recognized in Global Competition Review’s 2022 edition of its GCR 100

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