David B. Schwartz

David B. Schwartz
  1. People /

David B. Schwartz

David B. Schwartz

Partner

David B. Schwartz
  1. People /

David B. Schwartz

David B. Schwartz

Partner

David B. Schwartz

Partner

Washington

T: +1 202 508 6086

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Biography

David B. Schwartz is a Partner in the firm’s Antitrust and Competition Practice Group. As a former Lead Investigative Attorney at the U.S. Federal Trade Commission (FTC), David has significant experience in addressing the most complex antitrust and competition legal challenges.

David has made significant contributions to the field of antitrust law and litigation. He previously led high-profile FTC investigations from document discovery through investigational hearings and Commission processes— notably in the landmark case FTC et al. v. Amazon, where he led the FTC's investigation that resulted in filing the largest antitrust lawsuit in the FTC's history. During this time David worked daily with the FTC's top political and staff leadership.

David also has significant experience in the healthcare sector, having worked extensively on enforcement issues related to pharmaceutical pricing, e-provider consolidation, private equity provider acquisitions and Medicare Modernization Act patent settlements. He served in the FTC’s Healthcare Division of the Bureau of Competition from 2015-2022, and again in 2024. During his tenure, David led teams in important FTC wins in the Actavis reverse settlement payment litigation and the Surescripts exclusionary conduct case. David also has considerable experience with the agency's interest in private equity consolidation, both during his time as an Attorney Advisor for Commissioner Rohit Chopra and when arguing on behalf of the FTC in FTC v. US Anesthesia Partners.

Prior to joining the FTC, David was an associate at Quinn Emanuel. He was also a law clerk to the Honorable Sandra Segal Ikuta of the United States Court of Appeals for the Ninth Circuit.

David is widely recognized in the fields of healthcare, technology, and FTC enforcement. He has published articles in Bloomberg and Law360, has appeared on the ABA Antitrust Section’s Our Curious Amalgam Podcast, and has been quoted in The New York Times, Reuters, and the Guardian.

David has extensive experience responding to third-party subpoenas. In particular, he can advise you on:

  • What level of confidentiality to choose in a protective order?
  • Will you be successful in adding further layers of confidentiality?
  • How can you limit the access of parties’ employees to your documents?
  • Will you be able to limit outside counsel’s access to your documents?
  • Is complete inaccessibility by parties’ employees to your documents achievable?
  • How to make sure you know who exactly will see your documents?
  • Will you know if the government wants to use your documents outside of the current lawsuit?
  • How can you obtain notice from the parties if your documents are being used publicly?
  • What will happen to your documents at the end of a lawsuit?

For more information, visit our Antitrust page.


 

Admissions

  • District of Columbia, 2024
  • New York, 2011

Education

  • Stanford Law School, J.D., with distinction, 2009
  • Middlebury College, B.A., magna cum laude, 2004

Resources

Speaking Engagements

Speaker, BCLP Webinar, “What the FTC’s final rule on consumer reviews and testimonials means for your business” (Nov. 2024)

Speaker, UOKiK Workshop, "Market studies, Monitoring & Digital Markets" (Warsaw, Poland, Nov. 2023)

Speaker, International Competition Network Unilateral Conduct Workshop (Mexico City, Mexico, Nov. 2019)

Moderator, American Bar Association Antitrust Section, "Two-Sided Markets in Modern Antitrust: Beyond Ohio v. American Express" (Feb. 2018)

Related Insights

Blog Post
Mar 21, 2025

Embrace Tradition, Reject Modernity? Recent FTC and DOJ Deal Challenges Show Preference for Traditional Antitrust Theories of Harm

Both the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have now brought cases challenging deals under President Trump’s administration. In many respects, the theories of harm alleged in these cases are traditional and not necessarily reflective of the “new theories” under the 2023 Merger Guidelines. Additionally, in both cases, the DOJ and FTC show a continued focus on both price and non-price aspects of competition, especially those related to innovation.

Related Insights

Blog Post
Mar 21, 2025
Embrace Tradition, Reject Modernity? Recent FTC and DOJ Deal Challenges Show Preference for Traditional Antitrust Theories of Harm
Both the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have now brought cases challenging deals under President Trump’s administration. In many respects, the theories of harm alleged in these cases are traditional and not necessarily reflective of the “new theories” under the 2023 Merger Guidelines. Additionally, in both cases, the DOJ and FTC show a continued focus on both price and non-price aspects of competition, especially those related to innovation.
News
Feb 28, 2025
BCLP’s David B. Schwartz Featured on Our Curious Amalgam Podcast to Discuss Healthcare Information Blocking
Insights
Feb 27, 2025
FTC Chair Requests Information on Big Tech “Censorship”
News
Feb 24, 2025
BCLP Lawyers Examine Diverging U.S. and EU Approaches to Sustainability Agreements in Competition Policy International
News
Feb 24, 2025
BCLP Partner and Former FTC Attorney Comments on FTC Chair Andrew Ferguson’s ABA Ban
News
Feb 12, 2025
BCLP Partner Quoted in Bloomberg on FTC’s Litigation Challenges
Insights
Jan 27, 2025
Will This Be on the Exam? FTC Staff Issues Two Initial Reports on Surveillance Pricing
Insights
Jan 17, 2025
Disconnecting Companies: DOJ and FTC Push for Broader Interlocking Directorate Liability
News
Jan 15, 2025
BCLP Partner David B. Schwartz Comments in Law360 on Federal Circuit’s Orange Book Ruling