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Robert G. Kidwell

Member / Co-Chair, Antitrust and Federal Regulation Practice

[email protected]

+1.202.661.8752

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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, Federal Trade Commission, Federal Communications Commission, and Committee on Foreign Investment in the United States. 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 US 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 and consumer products
  • Trade associations and nonprofits

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 nonprofit 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, Kentucky.

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, Federal Trade Commission, Federal Communications Commission, and Committee on Foreign Investment in the United States. 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 US 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 health care 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, health care, green energy, and high-tech manufacturing.
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viewpoints

Proposed legislation would expand FTC enforcement powers and New York City consumer protections, increasing civil penalties and private litigation risks.

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The FTC's action against Handy over “up to” earnings claims serves as a reminder that the agency remains focused on seeking civil penalties, while internal disagreement persists over the scope of its penalty offense authority.

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Kathy Hochul’s FAIR Business Practices Act significantly expands New York’s consumer protection law, broadening the NYAG’s enforcement authority over unfair and abusive practices—including in purely commercial conduct—with health care as a key priority.

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Federal Trade Commission (FTC) Chairman Andrew Ferguson announced the launch of a Healthcare Task Force on March 20, 2026, signaling a significant escalation in the FTC’s approach to healthcare oversight. The directive aligns with President Trump’s February 25, 2025 Executive Order, Making America Healthy Again by Empowering Patients with Clear, Accurate, and Actionable Healthcare Pricing Information (Executive Order), and reflects FTC’s intent to institutionalize and broaden healthcare enforcement while shaping policy moving forward. 

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FTC’s new HSR rules have been vacated effective immediately following a Fifth Circuit ruling, reducing filing burdens for now while the appeal remains pending.

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The Second Circuit weighs materiality under New York Executive Law Section 63(12), the scope of FTC injunctions, and the NYAG’s bid for damages in the Prevagen case.

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Legal battle over Prevagen heads to the Second Circuit as FTC and NYAG dispute nationwide injunction, state authority, and standards for dietary supplement claims.

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Learn about the FTC’s 2026 updates to Hart-Scott-Rodino Act thresholds, filing fees, and interlocking directorate rules, and what these changes mean for mergers, acquisitions, and compliance strategies.

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A New York state bill (“SB 335”) is taking most of its cues from the Biden-Harris-Khan playbook.

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Several Trump Administration antitrust enforcers have written or spoken about the direction of conservative antitrust enforcement policy. 

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News & Press

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Events & Speaking

Speaker
Nov
16
2016
Speaker
Speaker
Jun
14
2016

OHA 2016 Annual Meeting & Education Summit

Ohio Hospital Association

Hilton Columbus at Easton, Columbus, OH

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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, Federal Trade Commission, Federal Communications Commission, and Committee on Foreign Investment in the United States. Rob’s clients include media and telecommunications companies, health systems and providers, national retailers, trade associations, life sciences companies, and technology companies.

Recognition & Awards

  • Thomson Reuters Stand-out Lawyers (2024 – 2026)

  • Washington DC Super Lawyers: Rising Star – Antitrust Litigation (2013 – 2014)

  • Washington DC Super Lawyers: Antitrust Litigation (2017 – 2019)

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Robert G. Kidwell

Member / Co-Chair, Antitrust and Federal Regulation Practice

Washington, DC