Edward Schwartz has over 20 years of experience defending the interests of Fortune 100 and other global companies in antitrust and other complex litigation and investigations. During that time, he has aggressively and successfully defended his clients in class action and other cases alleging a variety of antitrust claims including conspiratorial conduct (tying, exclusive dealing, price-fixing); unilateral conduct (monopolization, monopsonization, and predatory pricing); price discrimination; and others. Mr. Schwartz has significant experience representing clients in a range of industries, including financial services (commercial and investment banking); mining; heavy equipment manufacture; entertainment and communications; food manufacturing; aviation electronics (avionics); healthcare; pharmaceuticals; chemicals; and others. He also helps his clients navigate the complex antitrust issues raised by mergers and acquisitions and other transactions by bringing a creative and common-sense approach to these problems.

Mr. Schwartz’s experience also includes successfully representing clients in intellectual property cases (trademark, copyright, trade secrets); securities actions; and other complex commercial disputes.

Before joining the firm in 2005, Mr. Schwartz practiced in the New York and Washington, DC offices of Shearman & Sterling, and at Howrey.

The firm's Antitrust practice group, of which Mr. Schwartz is a member, was recently named as one of the Top 10 Antitrust Litigation practices by Martindale-Hubbell®.

Honors:

• 2008 Burton Award for Legal Achievement (awarded by Burton Foundation and Library of Congress for legal writing.)
• Chosen by Washington SmartCEO as a 2007 Legal Elite for his work in antitrust litigation.

Representative Cases:

• Honeywell International Inc. v. Raytheon Co. and Rockwell Collins Inc. (E.D.N.J. filed Aug. 7, 2008). Currently representing Rockwell Collins in an antitrust case filed against it and Raytheon Company by Honeywell arising out of a bid competition to supply advanced GPS-based aircraft landing systems to the US Navy.
• Currently leading a team representing Republic Services (NYSE: RSG) before the Department of Justice Antitrust Division in its US $6.07 billion proposed merger with Allied Waste Industries. The deal will join the second- and third-largest players in the waste disposal industry. The combined company will have a total market cap of about US $12 billion.
• Currently representing foreign air cargo carrier in two putative consolidated class actions alleging global price-fixing conspiracies in the air cargo and passenger industries.
• Represented foreign chemical manufacturer in multiple price-fixing class action cases arising out of DOJ and EC investigations.
• Kahn v. iBiquity Digital Corp. et al., 06 Civ. 1536 (NRB) (Dec. 6, 2006 S.D.N.Y.). Represented iBiquity Digital Corporation, owner of high definition radio technology, in antitrust lawsuit brought by alleged competitor. Obtained dismissal of complaint with prejudice (now on appeal).
• Rockwell Collins v. Avcom Avionics & Instruments Inc., Civ. Act. No. C-04-663-JAJ (N.D. Iowa 2006). Filed suit on behalf of Rockwell Collins against avionics competitor alleging copyright and trademark infringement arising from misappropriation and misuse of software, and counterfeiting. Settlement after close of discovery included judgment entered for client on antitrust counterclaims and multi-million dollar payment by Avcom.
• A.D.M. Club Mgmt. Sys., Inc. v. Gary Jonas Computing, Ltd., 2006 WL2689400 (D.N.J. Sept 19, 2006). Obtained dismissal of monopolization claims brought by software distributor against software supplier.
• MAC Events v. Royal Productions, Case No. 3:05CV498 (E.D. Va. 2006). Represented trade show producer in monopolization case brought by competitor. Successfully settled case after filing of summary judgment motion on behalf of client. 
• Blanchard & Co. et al v. Barrick Gold Corp. et al, No. 02-3721 (E.D. La. 2005). Represented gold producer in putative class action alleging monopolization of gold futures market. Case settled successfully before trial. 
• Blue Cross Blue Shield of Louisiana v. Rapides Healthcare System et al., No. 00-694-D-M2 (E.D. La. 2005). Represented Blue Cross of Louisiana in monopsony case brought by HCA-owned hospitals. Case settled successfully through mediation following cross-motions for summary judgment. 
• Universal Avionics Corp. v. Rockwell Int’l Corp., 184 F. Supp.2d 987 (D. Ariz. 2001), aff’d, 2002 Trade Cas. (CCH) 73,897 (9th Cir. 2002). Represented Rockwell Collins in antitrust case brought by avionics competitor challenging Rockwell’s policies and practices relating to terms for cooperating in integration of equipment. Obtained summary judgment for Rockwell on all claims, affirmed on appeal. 
• In re Digital Island Secs. Litig., 223 F. Supp.2d 546 (D. Del. 2002) aff'd, No. 03-155 (3d Cir. Feb 6, 2004). Obtained dismissal of putative class action securities claims, affirmed on appeal. 
• Godix Equipment Export Corp. v. Caterpillar, Inc., 948 F. Supp. 1570 (S.D. Fla. 1996). Represented Caterpillar in antitrust case brought by parts distributors challenging parts distribution policy. After three years of discovery and a six-week trial, prevailed on JMOL motion on antitrust claims and obtained jury verdict on state law claims.
• Bank of America v. Shirley, 93-CV-10033 (D. Iowa 1995), aff’d, 96 F. 2d 1108 (8th Cir. 1996). Represented Prudential in lender liability suit involving a mortgage-backed securities program. Obtained dismissal of claims, affirmed on appeal. 
• Defended foreign chemical manufacturer in $160 million ICC arbitration in London (under Swiss law) arising from its acquisition of US company. Obtained a complete award for the client following an evidentiary hearing and submissions. 
• Represented bank in investigations by Congress, the United States Attorney, and the Federal Reserve Board of an alleged scheme to illegally influence public officials. All investigations were closed with no action taken.

ADMISIONES

• District of Columbia
• New York

Pertenencia a Asociaciones

• American Bar Association, Member, Antitrust and Litigation Sections
• District of Columbia Bar Association
• New York State Bar Association

Publicaciones

• Editor, Transportation Subchapter in Regulated Industries Chapter of ABA, Antitrust Law Developments VI (2007)
• "Private Antitrust Enforcement in Europe: Are American-Style Class Actions on the Way?" 15 Antitrust, (Andrews Litigation Reporter) (October 2007) (with Martin Rees)
• "Trends in Private Antitrust Litigation: Navigating the Rising Tide of Follow-on Claims," The Antitrust Review of the Americas 2002, A Global Competition Review Special Report (2002)
• "Bringing Life to a Legitimate Business Justification in a Non-Price Vertical Restraint Case," Private Antitrust Litigation News (Spring 1998)
• "Unilateral Economic Sanctions and the Risks of Extraterritorial Application: The Libyan Example," 19 N.Y.U.J. Int. L. & Pol., (1987) (with Henry Weisburg)

Seminarios

• "Drafting Dispute Resolution Clauses that Work: One Litigator’s Perspective," ABA, Business Law Section (Dispute Resolution Committee), Spring Meeting (2007)
• "Overlapping Jurisdiction over Economic Regulation of Freight: Are More Changes Ahead?," ABA, Antitrust Section (Transportation Committee), Spring Meeting (2007) (panel and article)
• Guest Lecturer, "Antitrust for Managers," University of Maryland MBA Program (2007)
• Guest Lecturer, "Litigation: Working with Outside Counsel," Law for Business Managers, University of Maryland MBA Program (2005-2006)

Servicios Comunitarios y Benéficos

• City Project, New York, New York 1986-1991: General Counsel and Director of this nonprofit organization that conducts educational and lobbying activities relating to New York City taxation and budget issues
• Advisory Neighborhood Commissioner, Washington DC (Georgetown), 1992-1994 term (elected office)