Rob’s Washington, DC-based competition and trade regulation practice involves counseling on the regulatory implications of business strategies, regulatory matters, policymaking, and litigation. He defends clients in complex litigation and in merger and regulatory reviews by the US Department of Justice, the Federal Trade Commission, the Committee on Foreign Investment in the US, and the Federal Communications Commission. Rob’s clients include media and telecommunications companies, health systems and providers, national retailers, trade associations, and life sciences and technology companies.
Rob counsels a broad range of clients on business and investment strategy, M&A, litigation, and regulatory matters. He specializes in clearly explaining strategic risks and their relative values in order to help senior executives make informed decisions. Rob provides advice to clients from across the country and around the world, in high-profile matters including:
- Strategic business planning and risk management
- Antitrust issues in mergers and acquisitions / second requests
- Complex litigation (class action and otherwise)
- Regulatory issues arising from foreign investments in U.S. businesses
- Federal and state regulatory investigations
- Policy advocacy and notice-and-comment rulemaking
- Appellate review of agency action
- Trade association counseling
- Privacy and data security
- Unfair/deceptive conduct and false advertising
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, developments in the law, 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.
Education
- Georgetown University (JD)
- University of Kentucky (BA)
Experience
- Represented T-Mobile before the Federal Communications Commission (FCC) in its acquisition of radio spectrum covering operations in Montana and Wyoming. The approval was predicated on securing a waiver of the FCC’s rules because the previous holder of the spectrum licenses failed to construct the station as required, which would have otherwise caused cancellation of the licenses subject to the transfer request. Against heavy opposition, the FCC approved the transaction and waiver request.
- Obtained an order denying certification of a national class in an MDL antitrust class action involving 20 cases consolidated from around the country alleging an illegal tying arrangement in connection with the offering of set top boxes and premium cable services.
- Represented a cable company in the first successful FTC clearance of the acquisition of an overbuilt cable system.
- Served as antitrust counsel for a leading provider of sample and assay technologies, and are currently involved in counseling and representing the company in merger and acquisition activities.
- Represented one of the nation’s premier pharmacy chains in its $27 billion acquisition of a “big three” pharmacy benefits manager.
- Represented one of the nation’s leading hospital and physicians network in parallel DOJ Antitrust Division and State Attorney General investigations.
- Represents numerous clients in their dealings with the FTC's Bureau of Consumer Protection concerning advertising substantiation and other unfair/deceptive advertising practices. As an example, Rob represented a national drug store chain in an investigation by the Federal Trade Commission into its labeling of a nutritional supplement. Over the course of more than a year, he handled the investigation, negotiated with FTC staff for a significantly narrowed scope of redress, and coordinated a voluntary market withdrawal. He also assisted the manufacturer's counsel with related class action litigation on behalf of the client.
- Represented Bright House Networks in the sale of its interest in wireless spectrum to Verizon.
- Represented one of the nation’s leading hospital and physicians networks in connection with its acquisitions of three community hospitals and a large physician group.
- Served as antitrust counsel to one of the largest American retail pharmacies. Our team represented the corporation in its transactions, litigation, and other matters before both state and federal antitrust authorities.
- Represented a leading provider of sample and assay technologies in the antitrust aspects of its $1.5 billion acquisition of another life sciences company.
- Represents a defendant major electronic component manufacturer in class action cartel antitrust litigation.
- Represented major cable television providers and major programming networks in connection with a high-profile merger proceeding before the Department of Justice and state attorneys general.
- Represent a defendant major electronic component manufacturer in class action cartel antitrust litigation.
- Represented a cable network in a dispute against an Internet programming distributor. The two companies had an agreement that allowed the distributor to carry the cable network under certain circumstances. The cable network terminated for breach of the terms. The Internet programming distributor sued under Section 1 of the Sherman Act.
- Defended Cablevision Systems Corporation against allegations that it discriminated against Game Show Network in favor of its own competing channels.
- Served as lead counsel for a major telecommunications carrier in multidistrict litigation involving 20 separate antitrust class action suits that were consolidated into a single MDL. The suits alleged that the cable industry’s practice of leasing set-top boxes to customers who also purchase cable television services constitutes an illegal tying arrangement under the antitrust laws.
- Serves as antitrust counsel for several leading providers of genetic testing technologies in mergers and acquisitions.
Recognition & Awards
- Washington DC Super Lawyers: Rising Star – Antitrust Litigation (2013 – 2014)
- Washington DC Super Lawyers: Antitrust Litigation (2017 - 2019)
Recent Insights
Viewpoints
CFIUS Review and International Business Transactions
April 12, 2019|Video
2019 HSR Notification Thresholds Announced
February 19, 2019|Alert
News & Press
Though merger reviewers at the Department of Justice and the Federal Trade Commission (FTC) are back at work after the 30+ day government shutdown, antitrust experts note that backlog and the possibility of another shutdown are significantly impacting the certainty merging parties rely on. Mintz Member Rob Kidwell is among the industry sources quoted.
This article in The Boston Globe looks at how a law – signed in August and which took effect in November – is impacting Boston’s start-up community. The specific law is the Committee on Foreign Investment in the United States (CFIUS) and it requires foreign entities investing in U.S. companies in 27 “critical” industries to be properly documented with CFIUS at the risk of penalties.
Viewpoints
Hospital Plaintiff’s Reliance on a Per Se Antitrust Claim against Dominant Competitor Fails in Sixth Circuit Despite Defeat of a Copperweld Defense
May 2, 2019 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short
Read about the Sixth Circuit's rejection of a hospital plaintiff’s per se antitrust claim against a dominant competitor in The Medical Center at Elizabeth Place, LLC v. Atrium Health System.
CFIUS Review and International Business Transactions
April 12, 2019 | Video | By Robert Kidwell
Rob Kidwell provides an overview of the Committee on Foreign Investment in the United States (CFIUS) and the recent amendments to the statute governing the committee as well as how these changes impact business transactions.
2019 HSR Notification Thresholds Announced
February 19, 2019 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short
Read about the FTC’s new “size of transaction” and “size of person” thresholds requiring reporting under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
Divergent Views on Vertical Mergers Apparent in FTC’s Staples Merger Consent
February 4, 2019 | Advisory | By Bruce Sokler, Robert Kidwell, Farrah Short
Read about FTC commissioners’ divergent views on vertical mergers detailed in statements filed with a proposed consent order regarding Staples’ acquisition of Essendant.
Not Just Mergers – FTC Highlights Commonly Missed HSR Reportable Transactions
May 16, 2018 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short
The Premerger Notification Office (the “PNO”) of the Federal Trade Commission (the “FTC”) recently issued a reminder about often overlooked “transactions” that may require notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”).
Using “Old Cases,” District Court Applies Per Se Standard of Review to Blue Cross Blue Shield’s Restrictive Practices in Antitrust MDL
April 12, 2018 | Alert | By Dionne Lomax, Bruce Sokler, Robert Kidwell, Shawn Skolky
Since 2013, the Blue Cross Blue Shield Association has faced a series of purported class actions consolidated in the U.S. District Court in Alabama.
Philadelphia Cabbies Lose Appeal in Monopoly Case Against Uber
March 29, 2018 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short, Shawn Skolky
In broad language, a Third Circuit panel affirmed a district court’s dismissal of a monopoly suit against Uber Technologies Inc. (“Uber”). Philadelphia Taxi Association Inc. v. Uber Technologies Inc., Case No. 17-1871 (3rd Cir. Mar. 27, 2018).
DOJ Reaches Settlement with Michigan Hospital on Allegedly Unlawful Marketing Agreement
February 12, 2018 | Alert | By Robert Kidwell, Shawn Skolky
On Friday, the U.S. Department of Justice (“DOJ”) Antitrust Division announced a settlement with Henry Ford Allegiance Health (“Allegiance”) of claims that Allegiance and certain other hospitals unlawfully agreed not to market to each other’s healthcare customers in central Michigan.
HSR Jurisdictional Thresholds Increased in Annual Adjustment
January 26, 2018 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short
The Federal Trade Commission (FTC) announced on January 26, 2018, increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). The FTC revises the thresholds annually based on changes in the gross national product.
Washington State AG Alleges Price Fixing and Sues to Break Up Rapidly Expanding Health System
September 11, 2017 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short, Shawn Skolky
After five years of growth through a series of acquisitions, the Washington State Attorney General’s office filed a lawsuit to thwart and unwind the most recent expansion efforts of Franciscan Health System (“CHI Franciscan”) for violating both federal and state antitrust laws.
News & Press
The Shutdown Is Over, But Merger Review Backlog Remains
January 28, 2019 | Law360
Though merger reviewers at the Department of Justice and the Federal Trade Commission (FTC) are back at work after the 30+ day government shutdown, antitrust experts note that backlog and the possibility of another shutdown are significantly impacting the certainty merging parties rely on. Mintz Member Rob Kidwell is among the industry sources quoted.
Did a bill signed by Trump kill one of Jeff Bezos’s Boston investments?
January 6, 2019 | https://www.bostonglobe.com/business/2019/01/06/tougher-foreign-investor-reviews-have-many-startups-edge/H7u5tDPRg2ean7vloaGSEM/story.html The Boston Globe
This article in The Boston Globe looks at how a law – signed in August and which took effect in November – is impacting Boston’s start-up community. The specific law is the Committee on Foreign Investment in the United States (CFIUS) and it requires foreign entities investing in U.S. companies in 27 “critical” industries to be properly documented with CFIUS at the risk of penalties.
FTC Investigations Could Bring Unwanted Scrutiny to Hospitals
January 1, 2019 | Healthcare Risk Management
This feature article looks at the potential increased scrutiny hospitals may face from the Federal Trade Commission (FTC) in terms of anticompetitive behavior. Rob Kidwell, an antitrust Member with Mintz, is among the industry sources providing commentary.
DOJ sensibly returns to antitrust fundamentals on patent licensing
November 23, 2018 | https://thehill.com/opinion/finance/417833-doj-sensibly-returns-to-antitrust-fundamentals The Hill
A team of Mintz attorneys - Mike Renaud, Rob Kidwell and Rob Moore - authored this issues response op-ed discussing the Department of Justice's (DOJ) statements on intellectual property rights, "the New Madison Approach." This approach marks a return to the core principles on which the patent laws are predicated.
Mintz is pleased to announce that eight attorneys have been named Washington, D.C. Super Lawyers for 2018 and three others have been named Washington, D.C. Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement.
Physician Practice Acquisitions And Antitrust Scrutiny
September 19, 2017 | Law360
Chair of Mintz’s Antitrust section Bruce Sokler, along with Member Rob Kidwell and attorneys, Farrah Short Shawn Skolky collaborated on an article regarding the Washington state attorney general’s office suit against the expansion efforts of Franciscan Health System.
Eight Mintz attorneys have been named Washington, D.C. Super Lawyers for 2017 and four have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in The Washington Post Magazine and in a stand-alone magazine, Washington D.C. Super Lawyers Magazine.
What The Qualcomm Case Tells Us About FTC And FRAND
January 26, 2017
Mintz attorneys Michael Renaud, Robert Kidwell, and Robert Moore discuss the FTC’s suit against Qualcomm in the U. S. District Court for the Northern District of California as well as the timing of the lawsuit and specifics of the FTC’s complaints against said company.
A New Meaning For FRAND In Korea's Qualcomm Sanctions
January 24, 2017
A team of Mintz attorneys author this column discussing the Korean Fair Trade Commission’s steep fine against Qualcomm for antitrust violations and the continued antitrust concerns raised by Qualcomm’s licensing practices.
Mintz Member Robert G. Kidwell to Speak at 2016 Association of Corporate Counsel Annual Meeting
October 04, 2016
Robert G. Kidwell, Member of Mintz's Antitrust and Federal Regulatory Practice, is participating in a panel discussion at the 2016 Association of Corporate Counsel Annual Meeting. Mr. Kidwell will discuss the increasing pressure on health care providers to rein in escalating costs.
What Have Merchants Gained From Payment Card Litigation?
August 10, 2016
Mintz Members Bruce Sokler and Robert Kidwell, and Special Counsel Farrah Short, authored this Law360 column about the war being waged between businesses that accept payment cards and payment card fees and protective network rules.
McWane Cert. Loss Leaves Uncertainty For Exclusive Dealing
March 22, 2016
Mintz Member Robert Kidwell is quoted in this Law360 article discussing the U.S. Supreme Court’s decision to not review the Eleventh Circuit Court of Appeals’ finding that McWane Inc. maintained monopoly power through a rebate policy.
Members Peter Saparoff and Robert Kidwell and Associates Joel Rothman and Kevin Mortimer authored this ABA’s Section of Litigation column on the trend of plaintiff investors filing a growing number of class action cases against financial institutions alleging violations of U.S. antitrust laws.
Seven Mintz attorneys have been named Washington, D.C. Super Lawyers for 2015 and five have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in Washington Post Magazine and in a stand-alone Washington D.C. Super Lawyers Magazine.
Mintz’s Wins Significant Antitrust Case for C-SPAN
June 10, 2013
Events
Speaker
May
23
2018
From Drugmaker to Insurer: The Changing Landscape of the Pharmaceutical Supply Chain
Reorg Research & Event Driven
New York, NY
Nov
16
2016
Into the Fire: Antitrust Issues in Mergers, Contracting, and Joint Ventures
Mississippi Hospital Association
Webinar
Speaker
Sep
30
2016
Hershey Hospital Merger Webinar
Webinar
Speaker
Jun
14
2016