Anthony Swisher has extensive experience representing clients before the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (DOJ) in connection with government antitrust investigations of mergers, acquisitions and joint ventures. He has represented clients in hundreds of matters and has deep experience in a wide range of industries, from healthcare to financial services to energy.
Anthony brings over two decades worth of experience to bear in advising clients on a full spectrum of antitrust matters. His experience spans all sectors of the economy and includes numerous substantial representations of health plans, hospitals and other healthcare providers, medical device manufacturers, technology firms, oil and gas firms, electric power generators, manufacturers, retailers and consumer products companies, among others.
Anthony teaches Antitrust Policy at the University of Virginia Department of Economics. He is active in the leadership of the Antitrust Section of the American Bar Association where he presently serves as Vice Chair of the Health Care & Pharmaceuticals Committee.
Anthony's insurance experience includes numerous substantial representations of health plans, property and casualty insurers, and reinsurers, among others. In healthcare, he has significant experience in medical devices and healthcare technology, as well as pharmaceuticals, pharmacy benefit management and hospitals. His energy experience includes oil and gas midstream, refining and electric power generation, among other sectors.
- Representing a pharmacy benefit management firm in connection with the FTC’s investigation of a US$12 billion horizontal merger. The FTC closed its investigation without taking action, allowing the transaction to close on time.
- Representing a major life and health insurance company in three significant health plan acquisitions with a combined value of approximately US$4 billion. Advising the client from the early strategic analyses of the transactions, crafting antitrust risk provisions for the deals and seeing the deals through to completion. All three transactions were closely scrutinized based on antitrust concerns by the DOJ and multiple state insurance departments. Receiving clearance for the transactions from the DOJ and state insurance regulators without divestitures or other antitrust relief.
- Defending a large electric power company in a DOJ investigation of a US$8.5 billion horizontal merger creating one of the largest investor-owned electric systems in the country. Fully complied with the DOJ's second request and received antitrust clearance with no relief sought.
- Representing a major manufacturer of products used in steel mills in a DOJ investigation of US$1 billion merger with a global competitor. Defending the U.S. investigation of the merger, including a second request, coordinating with parallel EU investigation, and negotiating a consent decree that allowed the transaction to close on time.
- Representing one of the largest glass container manufacturers in the U.S. in a DOJ investigation of a US$880 million merger with a global container manufacturer. DOJ closed the investigation without seeking relief.
- Representing a major steel product company in DOJ antitrust investigation, including second request, of a US$800 million acquisition of a horizontal competitor. DOJ closed the investigation without seeking relief.
Awards & Community
Named a "Client Service All-Star" by BTI Consulting Group's Client Service All-Stars, 2018
Publications, Speeches & Presentations
The WLF Legal Pulse
Executive Summary, Antitrust Practice Group, American Health Lawyers Association
Divergent Philosophies on Merger Enforcement Emerge from Senior DOJ, FTC Antitrust Officials' SpeechesExternal Articles
WLF Legal Pulse, Washington Legal Foundation