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.

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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Webinar Recording: Cutting Through the Antitrust Noise — What’s Actually Going On?

October 7, 2021 | Webinar | By Robert Kidwell, Farrah Short, Bruce Sokler

Mintz’s antitrust team discussed what you should know as you conduct your business and plan your transactions and investments.

July 9, 2021 | Alert | By Bruce Sokler, Robert Kidwell

Read about President Biden’s July 9 Executive Order with 72 initiatives to promote competition in the U.S. economy, including through actions directed at labor markets and the health care, technology, agriculture, and banking sectors.

March 2, 2021 | Blog | By Bruce Sokler, Robert Kidwell

Back in December, we wrote about a district court ruling rejecting the Federal Trade Comission’s (“FTC”) motion to enjoin the proposed combination of Thomas Jefferson University (“TJU”) and Albert Einstein Healthcare Network (“Einstein”) that would create an 18-hospital system in the Philadelphia area. The FTC and the Pennsylvania Attorney General had alleged the merger would lead to TJU/Einstein controlling at least 60% of the inpatient GAC hospital services market in a portion of Philadelphia. Following the district court decision, the FTC quickly appealed to the Third Circuit Court of Appeals and filed an emergency motion for a stay pending appeal. Days later, a three-judge panel denied the government’s motion without comment.

February 1, 2021 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short

This alert reviews the lower jurisdictional thresholds scheduled to be published by the FTC on February 2, 2021for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act).

December 15, 2020 | Alert | By Bruce Sokler, Robert Kidwell

This alert examines a Philadelphia US district court decision that denied the FTC’s and Pennsylvania Attorney General’s request to preliminarily enjoin a proposed merger between Thomas Jefferson University and the Albert Einstein Healthcare Network.

November 10, 2020 | Blog | By R. Neal Martin, Robert Kidwell, Alexander Hecht, Anthony DeMaio

Read about the post-election impact on international trade matters and the incoming administration's influence on the Committee on Foreign Investments in the U.S. (CFIUS).

September 17, 2020 | Blog | By Robert Kidwell, Tinny Song

July 13, 2020 | Blog | By Bruce Sokler, Robert Kidwell, Evan Moore

July 10, 2020 | Blog | By Robert Kidwell

On Wednesday, an FTC Commissioner used the occasion of a routine report to Congress to send a warning shot to private equity firms, especially those rolling up health care providers. Commissioner Rohit Chopra, an advisor to Senator Elizabeth Warren before he joined the Commission in May 2018, released this statement focusing particular scrutiny on private equity (PE) firms and the practice of acquiring physician groups, especially emergency medicine, anesthesiology, and other services that generate “surprise” out of network charges for otherwise insured patients.

February 12, 2020 | Alert | By Cory S. Flashner, Steve Ganis, Robert Kidwell, Alyssa C. Scruggs

This alert covers new regulations taking effect on February 13, 2020 that significantly broaden CFIUS’s jurisdiction by granting it significant new review power over foreign investments in US businesses and real estate.