Robert G. Kidwell
Member / Co-Chair, Antitrust and Federal Regulation Practice
+1.202.661.8752
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.
viewpoints
Unbridling the FTC and Giving POWER to the NYC People Introduced Legislation Would Expand Federal and Local Consumer Protection Enforcement
October 27, 2026 | Blog | By Hope Foster, Robert Kidwell, Samantha Kingsbury, Lexie Gallo-Cook, Jane Haviland, Melody Tangellamudi
Proposed legislation would expand FTC enforcement powers and New York City consumer protections, increasing civil penalties and private litigation risks.
Handy, But Not Quite “Up to” Snuff: FTC Commissioners Clash over “Up To” Earnings Claims and Scope of Penalty Offense Authority
July 17, 2026 | Blog | By Hope Foster, Lexie Gallo-Cook, Robert Kidwell, Jane Haviland, Samantha Kingsbury
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.
Consumer Protection or Business Protection: New York Updates Consumer Protection Law to Go Beyond Protecting Consumers
April 6, 2026 | Blog | By Hope Foster, Lexie Gallo-Cook, Robert Kidwell, Samantha Kingsbury, Sherwet H. Witherington
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.
FTC’s Launch of Healthcare Task Force: Expanded Enforcement and Policy Advocacy
March 25, 2026 | Blog | By Lexie Gallo-Cook, Hope Foster, Jane Haviland, Robert Kidwell, Samantha Kingsbury
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.
Immediate Return to Former HSR Rules Pursuant to Fifth Circuit Holding
March 20, 2026 | Alert | By Robert Kidwell, Kristina Van Horn, Sherwet H. Witherington
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.
Cognitive Dissonance II: Oral Arguments at Second Circuit in Quincy Bioscience’s Brain Health Dietary Supplements Case
March 11, 2026 | Blog | By Hope Foster, Robert Kidwell, Lexie Gallo-Cook, Samantha Kingsbury, Sherwet H. Witherington, Wali Miller
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.
Cognitive Dissonance: State and Federal Enforcers’ Case Against Brain Health Dietary Supplement Due For Oral Arguments at the Second Circuit
February 20, 2026 | Blog | By Hope Foster, Robert Kidwell, Lexie Gallo-Cook, Samantha Kingsbury, Sherwet H. Witherington
Legal battle over Prevagen heads to the Second Circuit as FTC and NYAG dispute nationwide injunction, state authority, and standards for dietary supplement claims.
FTC Announces 2026 Thresholds for HSR Act Filings and Interlocking Directorates Violations
January 15, 2026 | Alert | By Bruce Sokler, Robert Kidwell, Kristina Van Horn, Sherwet H. Witherington
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.
I Heart FTC: Proposed New York Bill Would Continue Biden FTC’s Antitrust Vision and Policies [Updated on July 16, 2025]
July 16, 2025 | Alert | By Bruce Sokler, Robert Kidwell, Lexie Gallo-Cook, Sherwet H. Witherington
A New York state bill (“SB 335”) is taking most of its cues from the Biden-Harris-Khan playbook.
Trump Antitrust Enforcers Outline “America First” Antitrust Enforcement
May 6, 2025 | Alert | By Bruce Sokler, Robert Kidwell, Payton Thornton
Several Trump Administration antitrust enforcers have written or spoken about the direction of conservative antitrust enforcement policy.
News & Press
Mintz Advises Quorum Cyber on Proposed Acquisition of Ontinue
October 8, 2026|
Mintz Advises Saltair in Sale of Majority Stake to TSG Consumer
August 13, 2026|
Mintz Advises Wavecrest Growth Partners on Acquisition of Dealerware
January 22, 2026|
Mintz Advises Philips on SpectraWAVE Acquisition
December 18, 2025|
Mintz Advises Seven Starling on $8M Series A-Prime Financing
September 19, 2025|
Mintz Advises PHLUR on Acquisition by TSG Consumer
July 29, 2025|
Thomson Reuters Recognizes 10 Mintz Attorneys as “Stand-out Lawyers”
February 20, 2024|
FTC Pharma Merger Digest May Offer Policy Clues
June 15, 2023|
Mintz Advises Cybersecurity Firm Edgile in Sale to Wipro
January 12, 2022|
Mintz Advises JMP Group in Sale to Citizens Financial Group
November 16, 2021|
Biden Enforcers Fail to Stem Rising Merger Tide
October 22, 2021|
Mintz Advises XCM Solutions in its Sale to Wolters Kluwer
September 22, 2020|
The Shutdown Is Over, But Merger Review Backlog Remains
January 28, 2019|
FTC Investigations Could Bring Unwanted Scrutiny to Hospitals
January 1, 2019|
DOJ sensibly returns to antitrust fundamentals on patent licensing
November 23, 2018|
Physician Practice Acquisitions And Antitrust Scrutiny
September 19, 2017|
What The Qualcomm Case Tells Us About FTC And FRAND
January 26, 2017|
A New Meaning For FRAND In Korea's Qualcomm Sanctions
January 24, 2017|
What Have Merchants Gained From Payment Card Litigation?
August 10, 2016|
McWane Cert. Loss Leaves Uncertainty For Exclusive Dealing
March 22, 2016|
The Increasing Application of Antitrust Claims to Securities Transactions
February 25, 2016|
Mintz’s Wins Significant Antitrust Case for C-SPAN
June 10, 2013|
Events & Speaking
From Drugmaker to Insurer: The Changing Landscape of the Pharmaceutical Supply Chain
Reorg Research & Event Driven
New York, NY
Into the Fire: Antitrust Issues in Mergers, Contracting, and Joint Ventures
Mississippi Hospital Association
Webinar
OHA 2016 Annual Meeting & Education Summit
Ohio Hospital Association
Hilton Columbus at Easton, Columbus, OH
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)
