Peter J.Schwingler (Pete)

Partner

Minneapolis + 1.612.217.8866 Washington + 1.202.879.3406

Pete Schwingler is a nationally recognized antitrust lawyer and class action litigator. He has tried three Clayton Act merger challenges, including two of the largest in U.S. history. Outside the courtroom, Pete advises businesses on antitrust compliance, helps companies navigate antitrust issues related to mergers and acquisitions, and represents clients facing government investigations.

Pete spent four years as a trial attorney in the U.S. Department of Justice, Antitrust Division, where he investigated and tried several high-profile matters, including the government's successful challenge of Anthem's proposed $54 billion merger with Cigna. He also played a significant role in the government's challenge to the $85 billion AT&T/Time Warner merger.

Pete serves as lead counsel in several high-profile antitrust matters, including a Federal Trade Commission (FTC) "second request" investigation, a collection of class action and individual antitrust lawsuits against the pork industry, and a monopolization case against a health care provider. He also has defended financial institutions, including banks and property and casualty insurers, in class actions across the country.

Pete regularly speaks at CLE and client events on topics related to antitrust, including promoting competition in the food and agriculture sector. Recent events include a presentation to local business leaders on the current political climate and what it means for enforcement under the antitrust laws and the Foreign Corrupt Practices Act (FCPA). He is president of the Minnesota Bar Association's Antitrust Law Section; a vice chair of the Trial Practice Committee of the American Bar Association (ABA), Antitrust Section; and lead author for the Minnesota chapter of the ABA's principal state-law antitrust treatise.

Experience

  • TopBuild attempts to acquire Specialty Products & InsulationJones Day advised TopBuild Corp. (NSYE: BLD) in its attempted acquisition of Specialty Products & Insulation from private equity firm Incline Equity Partners in an all-cash transaction valued at $960 million.
  • The following represents experience acquired prior to joining Jones Day.

    Served as lead counsel for a defendant in a collection of class action and individual antitrust lawsuits against pork producers. In this multidistrict proceeding, consolidated in the District of Minnesota, the plaintiffs allege that pork producers conspired to reduce the supply and raise the price of pork products.

    Served as lead counsel to merging party in FTC "second request" investigation of proposed merger.

    Investigated and prosecuted claims under Section 7 of the Clayton Act challenging Halliburton's proposed acquisition of Baker Hughes, Anthem's proposed acquisition of Cigna, and AT&T's proposed acquisition of Time Warner. Received Attorney General's Award for Distinguished Service for work on U.S. v. Anthem.

    Represented financial institutions, including banks and property and casualty insurers, in class actions in Alabama, Connecticut, Georgia, Minnesota, North Carolina, Ohio, Pennsylvania, Tennessee, and West Virginia.

    Advised two health care provider groups on antitrust issues related to proposed mergers, and in response to related government investigations.

    Represented a defendant in a collection of class action and individual antitrust lawsuits against egg producers, egg products companies, and other entities. In this multidistrict proceeding, consolidated in the Eastern District of Pennsylvania, the plaintiffs alleged that egg producers conspired to reduce the supply and raise the price of shell eggs.

    Represented a defendant in a collection of class action and individual lawsuits in the Northern District of Illinois alleging that chicken producers conspired to reduce the supply of chicken in an effort to drive up prices.

    Represented a defendant in a collection of class action antitrust lawsuits brought against potato producers and other entities. In a multidistrict proceeding in Idaho federal court, the plaintiffs alleged that potato producers conspired to reduce the supply of and raise the price of fresh potatoes.

    Additional Speaking Engagements

    • April 2024
      Baby HSR, Charitable Trust Laws: AGs Expand Antitrust-Adjacent Tools to Investigate Health Care M&A, presented at American Health Law Association Health Care Transactions Conference
    • February 2024
      Healthcare Antitrust Update - Key Topics for 2024 and Beyond
    • June 2023
      State Antitrust Enforcements: Risks and Opportunities, presented by the Minnesota Attorney General’s Office and the Minnesota Farmers Union
    • September 2022
      Navigating the Antitrust Review Process, webinar
    • April 2022
      Guest Lecturer on Market Definition, University of Minnesota Law School
    • December 2021
      Advanced Contract Issues for In-House Counsel: Antitrust, Minnesota CLE
    • August 2021
      Where is Antitrust Headed? What You Need to Know, Association of Corporate Counsel St. Louis
    • May 2021
      Antitrust Update: Vertical Merger Enforcement in Life Sciences
    • May 2020
      The New Vertical Merger Enforcement, Minnesota State Bar Association Webinar
    • April 2020
      Guest Lecturer on Government Antitrust Enforcement, University of Minnesota Law School
    • December 2019
      Co-Presenter, Health Care Under the Antitrust Microscope: Product Pricing, Market Entry and Industry Fraternizing are All Under Scrutiny, Recent Developments in Health Care and Life Sciences Law Seminar
    • February 2019
      Market Definition After American Express, MSBA Antitrust Law Section CLE
    • August 2018
      Conducting Business in a Time of Political Uncertainty, Heartland GRC Roundtable
    • July 2018
      Trends in U.S. White Collar Enforcement
    • March 2017
      Nuts & Bolts: Economists and the Merger Review Process, presented by the ABA Antitrust Section