Swisher, Anthony W.

Anthony W. Swisher

Partner

Anthony Swisher has extensive experience representing clients before the Federal Trade Commission and the Antitrust Division of the US 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 received his B.A., with distinction, in Economics from the University of Virginia in 1990 and his J.D., with high honors, in 1995 from The George Washington University Law School, where he was a managing editor of The George Washington Law Review.

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.

He has represented clients in hundreds of matters and has deep experience in a wide range of industries, from insurance to healthcare to energy.

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.

Anthony received his B.A., with distinction, in economics from the University of Virginia in 1990 and his J.D., with high honors, in 1995 from the George Washington University Law School, where he was a managing editor of the George Washington Law Review.

Anthony teaches Antitrust Policy at the University of Virginia Department of Economics. He serves in the leadership of the Antitrust Section of the American Bar Association where he has held numerous positions, including Editorial Chair of the 2007 Annual Review of Antitrust Law Developments, the Antitrust Section’s flagship annual publication.

Explore

  • Successfully 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. Obtaining clearance for the transactions from the DOJ and state insurance regulators without divestitures or other antitrust relief.
  • Successfully 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 secured 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. Successfully defending the US 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.
  • Successfully representing one of the largest glass container manufacturers in the US 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.

Publications

  • “Payer Support for Provider Mergers: The Importance of Being Proactive,” Executive Summary, Antitrust Practice Group, American Health Lawyers Association, November 2016.
  • “Divergent Philosophies on Merger Enforcement Emerge from Senior DOJ, FTC Antitrust Officials’ Speeches,” WLF Legal Pulse, Washington Legal Foundation, September 2016.
  • “DOJ’s Challenge to Anthem/Cigna and Aetna/Humana,” Member Alert, Antitrust Practice Group, American Health Lawyers Association, July 2016.
  • “Vertical Integration: Does it Matter that it’s Healthcare?” paper presented at Antitrust in Healthcare Conference, sponsored by ABA Section of Antitrust Law and American Health Lawyers Association, May 12, 2016.
  • “Antitrust Merger Enforcement In the Obama Administration: Has the Pendulum Swung Too Far?” WLF Legal Pulse, Washington Legal Foundation, March 2016.
  • “Regrettable Outcome of Sysco/U.S. Foods Merger Challenge Reflects FTC Has Nothing to Fear from ‘SMARTER’ Act,” WLF Legal Pulse, Washington Legal Foundation, July 2015.
  • “The Importance of Clinical Integration to Provider Networks Under the Affordable Care Act,” 8 ,em>Journal of Health & Life Sciences Law 1, American Health Lawyers Association, October 2014.
  • “U.S. Officials Continue Push for Broader International Consensus on Competition Enforcement,” WLF Legal Pulse, Washington Legal Foundation, October 2014.
  • “Joint Ventures in the United States and Canada,” 10 Competition Law International 35, Antitrust Committee of the International Bar Association, April 2014.
  • “DOJ’s ABI/Modelo Challenge: Seeds of More Aggressive Merger Review & Enforcement,” Legal Backgrounder Vol. 28 No. 4, Washington Legal Foundation, May 3, 2013.
  • “Health Information Technology and Antitrust: Those Who Forget the Past Are Destined to Repeat It,” Antitrust & Trade Regulation Report, 104 ATRR 250, February 22, 2013.
  • “No HSR Filing Doesn't Mean No Antitrust Concern,” Law360, October 26, 2012.
  • “M&A and Antitrust: Present Challenges and Future Opportunities,” The Metropolitan Corporate Counsel, December 2011.
  • “Developments in U.S. Merger Policy: The Beer Industry as Lens,” The Economics of Beer, 2011.
  • “HSR Premerger Notification In The Insurance Industry,” Law 360, January 27, 2010.
  • “Failing to Plead Relevant Market: Grounds for Dismissal,” Antitrust Litigator, Winter 2006.
  • “FTC Administrative Law Judge Strikes Down Consummated Hospital Merger as Anticompetitive,” The Metropolitan Corporate Counsel, January 2006.
  • “Hedge Fund Manager Hit With $350,000 in Hart-Scott-Rodino Penalties,” The Metropolitan Corporate Counsel, January 2006.
  • “The Supreme Court and Beer Mergers: From Pabst/Blatz to the DOJ-FTC Merger Guidelines,” Review of Industrial Organization, 2005.
  • “Hart-Scott-Rodino Alert,” The Metropolitan Corporate Counsel, June 2002.

Education

  • The George Washington University, J.D., with high honors, managing editor, The George Washington Law Review, 1995
  • University of Virginia, B.A., 1990

Admissions

  • District of Columbia, 1996
  • Virginia, 1995

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