David B. Schwartz
David B. Schwartz
David B. Schwartz
Biography
David B. Schwartz is an experienced litigator focused on serving clients on both sides of the “v” in all areas of antitrust enforcement, including government investigations, unfair competition, and other complex civil matters. David specializes in “network” or “platform” antitrust matters, ranging from online retail platforms, sports technologies, or multifaceted healthcare networks. David also has market-leading expertise in the 21st Century Cures Act’s information blocking ban.
Clients value David’s strategic judgment and unique insight into the complex legal issues they face. As a former Lead Investigative Attorney at the U.S. Federal Trade Commission (FTC), David brings an insider’s perspective to the to the pragmatic, actionable guidance he delivers for clients across a broad array of antitrust matters. Some of the world’s leading companies rely on David’s straightforward advice to help them through their most significant challenges, including forward-thinking and proactive strategies for recovery matters, efficiently resolving government investigations, protecting clients’ confidential information, and minimizing antitrust risk.
Prior to joining the firm, David was the FTC’s most experienced platform antitrust investigator and litigator. He previously led high-profile FTC investigations—most notably in the landmark case FTC et al. v. Amazon.com, 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, the staff and leadership of dozens of partner states, and staff at the European Commission’s Directorate-General for Competition. David was also an Attorney Advisor for FTC Commissioner Rohit Chopra, where he focused on issues ranging from FTC remedies to private equity consolidation.
David also has significant experience in the healthcare sector, having worked extensively on enforcement issues related to pharmaceutical pricing, 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 Surescripts exclusionary conduct case, was part of the trial team in the AbbVie sham patent litigation, and was a core member of the Actavis reverse settlement payment litigation.
As part of his deep expertise in healthcare competition matters, David advised both Congress and the U.S. Department of Health and Human Services (HHS) on the issue of health IT information blocking. David was the sole competition lawyer to liaise with HHS in drafting the HHS Information Blocking Exceptions, and thus has a deep understanding of the complex health, privacy, safety, and competition issues that underlie an information blocking claim. Today, David provides concrete, practical advice to top health IT companies on how to comply with and enforce the federal ban on information blocking.
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, The Wall Street Journal, 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
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District of Columbia, 2024
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New York, 2011
Education
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Stanford Law School, J.D., with distinction, 2009
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Middlebury College, B.A., magna cum laude, 2004
Related Capabilities
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Antitrust & Competition
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Investigations
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Litigation & Dispute Resolution
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Regulation, Compliance & Advisory
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Class Actions & Mass Torts
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Appellate
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Healthcare & Life Sciences
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Marketing & Advertising
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State Attorneys General Practice
Resources
Publications
- Quoted, “Trials & Mixed Outcomes Defined Antitrust Enforcers' 2025,” Law360, December 2025
- Quoted, “Uber could face billions in penalties across US after ‘deceptive billing and cancellation practices’,” The Independent, December 2025
- Quoted, “Six weeks in, US government shutdown delays inject uncertainty into FTC probes,” MLex, November 2025
- Quoted, “Split DC Circ. Won't Lift Block On FTC's Media Matters Probe,” Law360, October 2025
- Quoted, “Divided DC Circuit rules against FTC in Media Matters probe,” Global Competition Review, October 2025
- Quoted, “Ad Giants, Seeking Merger, Agree to F.T.C.’s No-Boycott Deal,” The New York Times, June 2025
- Co-Author, “4th Circ. Health Data Ruling Opens Door To State Law Claims,” Law360, April 2025
- Co-Author, “Unsustainable Differences in Antitrust Treatment of Sustainability Agreements: 2025 Likely to Bring Significant Changes to How the U.S. and the EU Analyze Sustainability Issues,” Competition Policy International, February 2025
- Quoted, “Ferguson bans appointees from “radical left-wing” ABA,” Global Competition Review, February 2025
- Quoted, “Lina Khan’s Court Cases Meet FTC Chair Vowing to Reshape Agenda,” Bloomberg Law, February 2025
- Quoted, “Media Moguls Set the Stage for Deal Mania,” The New York Times, December 2024
- Quoted, “Skepticism of PE-backed healthcare deals likely to continue under next FTC chair,” PE Hub, December 2024
- Quoted, “Change to FTC’s Section 5 enforcement likely inevitable despite win in Amazon case,” MLex, November 2024
- Quoted, “Will Trump Adopt the Current FTC's Antitrust Posture?” MedPage Today, November 2024
- Co-Author, “Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal,” Law360, November 2024
- Quoted, “Antitrust has come into fashion,” The New York Times DealBook Newsletter, October 2024
- Co-Author, “Why the FTC Suit Against Drug Benefit Managers Is an Unusual Step,” Bloomberg Law, October 2024
- Co-Author, “The US District Court for the Western District of Washington highlights risks and impacts from the use of pricing algorithms in a case brought by the FTC against a Big Tech company (Amazon),” Concurrences, September 2024
- Quoted, “FTC workers vote to unionise,” Global Competition Review, September 2024
- Quoted, “As the clock ticks on the Kroger-Albertsons merger, the stakes for the grocers are rising, analysts say,” Grocery Dive, September 2024
- Quoted, “Northwell-Nuvance deal gets green light from state attorneys general,” Yahoo Finance, August 2024
- Quoted, “'Plausible' Monopoly Allegations?: DC Appeals Court Revives Amazon Antitrust Complaint,” Law.com, August 2024
- Co-Author, “The US Court of Appeals for the DC Circuit revives the Attorney General’s suit against a Big Tech company for illegal pricing policies (Amazon),” Concurrences, August 2024
Speaking Engagements
- Speaker, Georgia State Bar Antitrust Section CLE, "Digital Platforms" (March 2026)
- Moderator, Georgia State Bar Antitrust Section CLE, "Evolving Trends in Injury and Damages Analysis" (March 2026)
- Speaker, Georgia State Bar Antitrust Section CLE, "Platforms" (March 2025)
- Speaker, Association of Corporate Counsel Israel, "What In-House Counsel Need to Know About the FTC's New Rule" (Feb. 2025)
- 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)
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