- 1114 Avenue of the Americas
- New York, NY 10036
- TEL: +1 212 378 7612
- FAX: +1 212 506 3950
Areas of Practice
- Antitrust & Competition
- Cartel / Price-Fixing and Dawn Raids
- Class Action Defense
- Commercial Litigation
- False Advertising & Lanham Act Litigation
- Financial Services
- Boston College Law School, J.D., cum laude, 1984, Editor in Chief, Boston College Environmental Affairs Law Review
- Hamilton College, B.A., 1979
Bar & Court Admissions
- District of Columbia
- New York
Washington DC 20036
TEL: +1 202 429 6220
FAX: +1 202 429 3902
Edward B. Schwartz is a partner in Steptoe's Washington and New York offices, where he is a member of the Antitrust & Competition and Litigation Groups. Mr. Schwartz is the practice group leader of the firm's antitrust practice.
Mr. Schwartz has 30 years of experience representing clients in antitrust cases and other complex disputes, and before the antitrust enforcement agencies. During that time, he has aggressively and successfully defended his clients in class action and other cases alleging a variety of antitrust claims. Mr. Schwartz has been frequently called upon to present antitrust litigation training programs to antitrust practitioners and judges.
He also frequently represents clients before the Federal Trade Commission (FTC) and US Department of Justice's Antitrust Division and state attorneys general in merger, civil non-merger and criminal investigations. His experience with the FTC includes representing clients in investigations undertaken by the Bureau of Consumer Protection.
Mr. Schwartz also regularly counsels clients with respect to minimizing antitrust risk in connection with their pricing, distribution, licensing and other practices, as well as in connection with joint ventures and other collaborations with competitors. As part of his counseling practice, he also frequently assists clients in developing and updating their antitrust compliance program, and conducts antitrust training for legal and non-legal staff. His relevant experience includes counseling clients in the following industries (among others):
- Entertainment and communications
- Financial services (commercial banking, investment banking, commodities trading, money transfers)
- Food manufacturing
- Heavy equipment manufacture
- Oil & Gas
- Pharmaceutical & Medical Devices
- Transportation (air, rail, trucking, motor carrier)
- Waste disposal
Merger and Non-Merger Investigations
- Represented Republic Services before the DOJ Antitrust Division in its acquisition of Tervita, an oil field services company, for $485 million. Early termination granted following presentation to DOJ.
- Represented Republic Services before the DOJ Antitrust Division in its acquisition of Rainbow Services, Inc. Early termination granted following presentation to DOJ.
- Represented Rockwell Collins before the DOJ Antitrust Division in its $1.39 billion acquisition of ARINC. Following issuance of a Second Request, the DOJ granted the parties’ request for early termination and cleared the transaction.
- Represented Dun & Bradstreet in litigation brought by FTC challenging the company’s acquisition of Quality Education Data, a supplier of educational marketing databases.
- Represented a leading national service company in connection with three separate investigations by antitrust divisions of state Attorneys General in connection with pricing and other activities. Each of the investigations was closed without action.
- Represented Republic Services before the Department of Justice Antitrust Division and various states in Republic’s $6.07 billion proposed merger with Allied Waste Industries. Mr. Schwartz obtained clearance for the merger following an investigation that included a Second Request. The merger joined the second- and third-largest players in the waste disposal industry. Mr. Schwartz also advised Republic in connection with Waste Management’s unsolicited offer for Republic.
- Represent companies before the antitrust enforcement agencies in opposing mergers under review and in connection with divestiture purchases.
- Represent companies before the DOJ in connection with criminal price-fixing investigations.
- Currently representing Amadeus (one of three defendant Global Distribution Systems) in class action brought by putative class of US air travelers alleging conspiracy to impose on airlines substantially the same contract terms. Gordon v. Amadeus IT SA, No.1:15-cv-05457 (SDNY)
- Currently representing Korean food manufacturer in putative consolidated antitrust class action alleging price-fixing of products sold in the US. Obtained dismissal of both Korean-supplier and US distributor on motion to dismiss for failure to state a claim. In re Korean Ramen Antitrust Litigation, Case No. 3:13-cv-04115 (N.D. Cal.)
- Represented Republic Services in case filed in Louisiana alleging violations of the Louisiana Unfair Trade Practices Act. Obtained dismissal of all claims on motion to dismiss for failure to state a claim. Parish Disposal Inc. v. BFI Waste Services et al., (W.D. La.)
- Currently representing Republic Services in case filed in Louisiana alleging violations of the Louisiana Unfair Trade Practices Act. Waste Commanders v. BFI Waste Services et al., 5:14-CV-0938 (W.D. La).
- Honeywell International Inc. v. Raytheon Co. and Rockwell Collins Inc. Represented Rockwell Collins in an antitrust case filed against it and Raytheon Company by Honeywell arising out of a bid competition to supply advanced GPS-based aircraft landing systems to the US Navy. Plaintiff withdrew its claims after several months of activity without settlement.
- Represented Cathay Pacific before in putative consolidated class action alleging global price-fixing conspiracies in the air cargo industry. In re Air Cargo Antitrust Litigation, 06-MD-1775 (CBA) (VVP) (E.D.N.Y)
- Represented Cathay Pacific in putative consolidated class action alleging global price-fixing conspiracies in the air passenger industry. In re Transpacific Passenger Air Transp. Antitrust Litig., No. C-07-05634 CRB (N.D. Cal.)
- Kahn v. iBiquity Digital Corp. et al., 06 Civ. 1536 (NRB) (Dec. 6, 2006 S.D.N.Y.). Represented iBiquity Digital Corporation, owner of high definition radio technology, in antitrust lawsuit brought by alleged competitor. Obtained dismissal of complaint with prejudice, affirmed on appeal.
- Rockwell Collins v. Avcom Avionics & Instruments Inc., Civ. Act. No. C-04-663-JAJ (N.D. Iowa 2006). Filed suit on behalf of Rockwell Collins against avionics competitor alleging copyright and trademark infringement arising from misappropriation and misuse of software, and counterfeiting. Settlement after close of discovery included judgment entered for client on antitrust counterclaims and payment to Rockwell Collins by Avcom.
- A.D.M. Club Mgmt. Sys., Inc. v. Gary Jonas Computing, Ltd., 2006 WL2689400 (D.N.J. Sept 19, 2006). Obtained dismissal of monopolization claims brought by software distributor against software supplier.
- MAC Events v. Royal Productions, Case No. 3:05CV498 (E.D. Va. 2006). Represented trade show producer in monopolization case brought by competitor. Successfully settled case after filing of summary judgment motion on behalf of client.
- Blanchard & Co. et al v. Barrick Gold Corp. et al, No. 02-3721 (E.D. La. 2005). Represented gold producer in putative class action alleging monopolization of gold futures market.
- Blue Cross Blue Shield of Louisiana v. Rapides Healthcare System et al., No. 00-694-D-M2 (E.D. La. 2005). Represented Blue Cross of Louisiana in monopsony case brought by HCA-owned hospitals. Case settled successfully through mediation following cross-motions for summary judgment.
- Universal Avionics Corp. v. Rockwell Int’l Corp., 184 F. Supp.2d 987 (D. Ariz. 2001), aff’d, 2002 Trade Cas. (CCH) 73,897 (9th Cir. 2002). Represented Rockwell Collins in antitrust case brought by avionics competitor challenging Rockwell’s policies and practices relating to terms for cooperating in integration of equipment. Obtained summary judgment for Rockwell, affirmed on appeal.
- Godix Equipment Export Corp. v. Caterpillar, Inc., 948 F. Supp. 1570 (S.D. Fla. 1996). Represented Caterpillar in antitrust case brought by parts distributors challenging parts distribution policy. After three years of discovery and a six-week trial, prevailed on JMOL motion on antitrust claims and obtained jury verdict on state law claims.
- National Law Journal's "Trailblazers in Antitrust," 2016
- Washington, DC Super Lawyers, Antitrust Litigation, 2014-2015
- 2008 Burton Award for Legal Achievement (awarded by Library of Congress and Burton Foundation for legal writing)
- Chosen by Washington SmartCEO as a 2007 Legal Elite for his work in antitrust litigation
Select News & Events
- Merger Enforcement in the Trump Administration: Navigating Antitrust and CFIUS Clearance in a Time of Uncertainty, March 22, 2017, A Steptoe-sponsored Event
- National Law Journal Names Ken Ewing, Ed Schwartz Antitrust Trailblazers
- Annual Antitrust, Competition and Trade Practice Group Meeting, Lex Mundi, September 16, 2016
- Latest Trends in US and EU Antitrust Enforcement, April 28, 2016, A Steptoe-sponsored event
- National Law Journal Quotes Ed Schwartz on Staples/Office Depot Deal
- PaRR Quotes Ed Schwartz on Energy Exec’s Death After Bid-Rigging Charges
- "Compliance: Are Antitrust Enforcement Agencies Missing the Mark?” Annual Global Competition Review Law Leaders Forum, February 6, 2016
- GCR Features Ed Schwartz in Antitrust Law Leaders Forum Q&A
- Latest Trends in US and EU Antitrust Enforcement, January 21, 2016, A Steptoe-sponsored event
- The Washington Post Quotes Ed Schwartz on Marriott’s Plan to Buy Starwood
- GCR Quotes Ed Schwartz on UK Closed Investigation of Loyalty Discounts
- A Live Seminar in Tokyo: Practical Strategies to Defend Cartel Investigations, April 8, 2015, (A Steptoe and Iwata Godo co-sponsored Event)
- "Turbulence — FTAIA And Air Transportation Claims"June 16, 2011, Law360
- Vice Chair, Trial Practice Committee of the American Bar Association Antitrust Section
- American Bar Association, Member, Antitrust and Litigation Sections
- District of Columbia Bar Association
- New York State Bar Association