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 and has been quoted in The New York Times.

Admissions

  • New York, 2011

    Practicing in Washington, DC under the supervision of members of the DC Bar pending admissions in the District of Columbia

Education

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

Resources

Speaking Engagements

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

Insights
Oct 23, 2024

The FTC and State Case Against Amazon Highlights Risks and Impacts from Using Pricing Algorithms

Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients operating in today’s online marketplaces, both to avoid the risk of antitrust investigations or litigation, and to understand whether a client has been harmed by potentially unlawful conduct.  A September 30, 2024 decision by Judge Chun in the Western District of Washington in the FTC v. Amazon.com case—unsealed to the public on October 7, 2024—demonstrates the increasing breadth of the agencies’ antitrust theories and the wide impacts of Amazon’s sprawling pricing algorithms.*
Insights
Oct 21, 2024

FTC Announces New Premerger Notification Form

On October 10, 2024, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the Department of Justice, (the “DOJ”, and together, the “Agencies”) voted unanimously to adopt new premerger notification rules (the “Final Rule”) that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). The Agencies had previously announced proposed amendments on June 27, 2023, which we covered in a previous insight. The Final Rule reflects numerous changes made during a lengthy review and comment period, including a thorough revamping of the Premerger Notification and Report Form (the “New Form”) that parties are each required to complete if their transaction is reportable under the HSR Act.

Related Insights

Insights
Nov 19, 2024
Are You Preparing to Comply With The FTC “Click-to-Cancel” Rule?
Insights
Oct 23, 2024
The FTC and State Case Against Amazon Highlights Risks and Impacts from Using Pricing Algorithms
Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients operating in today’s online marketplaces, both to avoid the risk of antitrust investigations or litigation, and to understand whether a client has been harmed by potentially unlawful conduct.  A September 30, 2024 decision by Judge Chun in the Western District of Washington in the FTC v. Amazon.com case—unsealed to the public on October 7, 2024—demonstrates the increasing breadth of the agencies’ antitrust theories and the wide impacts of Amazon’s sprawling pricing algorithms.*
Insights
Oct 22, 2024
California, FTC Lead Push To Add Autorenewal Requirements
Insights
Oct 21, 2024
FTC Announces New Premerger Notification Form
On October 10, 2024, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the Department of Justice, (the “DOJ”, and together, the “Agencies”) voted unanimously to adopt new premerger notification rules (the “Final Rule”) that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). The Agencies had previously announced proposed amendments on June 27, 2023, which we covered in a previous insight. The Final Rule reflects numerous changes made during a lengthy review and comment period, including a thorough revamping of the Premerger Notification and Report Form (the “New Form”) that parties are each required to complete if their transaction is reportable under the HSR Act.
Blog Post
Sep 24, 2024
What the FTC Final Rule Means for Reviews and Testimonials: A Six-Part Series
Blog Post
Sep 18, 2024
Part 6: What the FTC’s Final Rule on Reviews and Testimonials Means for Enforcement, Penalties
Blog Post
Sep 16, 2024
What the FTC’s final rule means for fake indicators of social media influence and fake review websites
Blog Post
Sep 12, 2024
Part 4: What the FTC’s final rule means for insider reviews
Blog Post
Sep 09, 2024
Part 3: What the FTC’s final rule means for incentivized reviews