For two decades, Pete Herrick has been a trusted advisor and advocate for clients navigating high-stakes antitrust litigation and merger reviews. Pete has tried numerous merger challenges to final decisions, representing clients on both sides of the aisle – including groundbreaking cases for the Federal Trade Commission (FTC). His experience spans from defending clients in federal court to guiding them through complex mergers and acquisitions before the Department of Justice, the FTC, and other antitrust regulators. Known for his strategic acumen, sound judgment, and unparalleled credibility both in court and before regulatory agencies, Pete is a go-to attorney for clients facing their most critical antitrust challenges.
Before returning to private practice, Pete served as Senior Trial Counsel in the FTC’s Bureau of Competition, where he co-led the FTC’s landmark 18 day trial victory in FTC et al. v. St. Luke’s Health System, Inc. et al. – the agency’s first successful merger challenge involving a health system acquiring a physician group. He also played a pivotal role in other high-profile cases, including FTC v. Phoebe Putney Health System and FTC v. OSF Health System. For his exceptional contributions, Pete was awarded the FTC’s prestigious Janet D. Steiger Award three times. Beyond litigation, Pete acted as a lead staff attorney in merger investigations across diverse industries, overseeing significant matters such as Visant Corp./American Achievement Corp., Geisinger Health System/Community Medical Center, and Grifols, S.A./Talecris Biotherapeutics Holdings Corp.
An active thought leader in the antitrust field, Pete frequently speaks and publishes on cutting-edge issues. His insights have been featured in publications by the American Health Lawyers Association, American Bar Association, Law360, and Competition Policy International.
Additionally, Peter acted as a lead staff attorney in FTC merger investigations, across a range of industries, including Visant Corp./American Achievement Corp., Capella Healthcare/St. Joseph's Mercy Health System, Geisinger Health System/ Community Medical Center, Community Health System, Inc./Moses Taylor Health Care System, and Grifols, S.A./Talecris Biotherapeutics Holdings Corp.
Peter speaks and writes frequently on antitrust issues, including recently at conferences for the American Health Lawyers’ Association and the New York State Bar Association, and in publications for the American Bar Association and Competition Policy International.
Private Practice
- Alaska Airlines in DOJ review and clearance of its proposed acquisition of Hawaiian Airlines
- Charles Schwab in successfully defending against antitrust claims in Greco et al. v. Mallouk et al.
- Alvogen in its antitrust counterclaims against Indivior relating to Alvogen’s launch of a generic equivalent to Suboxone® sublingual film
- Holy Name Medical Center and The Valley Hospital in the FTC’s investigation and court challenge of Hackensack Meridian Health’s proposed acquisition of Englewood Healthcare
- Centerbridge Partners and KIK Custom Products in the DOJ review and clearance of the sale of KIK Personal Care to its competitor, Voyant Beauty, a portfolio company of Wind Point Partners
- Sagard Holdings, Fairfax Financial Holdings, and Peak Achievement Athletics in the DOJ review and clearance of the acquisition of Easton Diamond Sports by Rawlings Sporting Goods
- Stone Point Capital and Mitchell | Genex in DOJ review and clearance of the acquisition of Coventry’s Workers’ Comp Services
- Take-Two Interactive in connection with the FTC’s challenge of Microsoft/Activision Blizzard
- Second chair on behalf of U.S. Foods in an 8-day preliminary injunction hearing against the FTC concerning its proposed $8.2 billion merger with Sysco Corp.
- KKR in its $9.9 billion acquisition of Envision Healthcare
- HCA Healthcare in its proposed $1.5 billion acquisition of Mission Health
- L3 Technologies in the $540 million sale of its Vertex Aerospace business to American Industrial Partners
- KKR and Internet Brands in Internet Brands’ acquisition of Avvo, Inc.
- Office Depot in FTC review and litigated challenge to its proposed $6.3 billion merger with Staples, Inc.
- JBS U.S.A. in DOJ review and clearance of its $1.45 billion acquisition of Cargill's U.S.-based pork business
- Silicon Precision Industries Co., Ltd. in FTC review and clearance of its proposed joint share exchange with Advanced Semiconductor Engineering, Inc.
- Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft KG (HSDG) in DOJ review and clearance of its $4 billion acquisition by Maersk Line A/S
- Avantor, Inc. in European Commission review and approval of its $6.5 billion acquisition of VWR Corporation
- Maple Leaf Foods in FTC review and approval of its acquisition of Field Roast Grain Meat Co.
- HCA Healthcare in its response to DOJ subpoenas for testimony and documents in United States v. Anthem Inc. et al.
Government
- Co-lead for the FTC in its 18-day trial and victory in FTC et al. v. St. Luke's Health System, Inc. et al.
- Key trial team member in the FTC's successful merger challenges in FTC v. Phoebe Putney Health System and FTC v. OSF Health System
- Lead staff attorney on a variety of FTC merger investigations, including Visant Corp./American Achievement Corp., Capella Healthcare/St. Joseph’s Mercy Health System, Geisinger Health System/Community Medical Center, Community Health System, Inc./Moses Taylor Health Care System, and Grifols, S.A./Talecris Biotherapeutics Holdings Corp.
Admissions
Bar Admissions
- New York
- District of Columbia
Court Admissions
- US District & Bankruptcy Courts for the District of Columbia
- US District Court for the Eastern and Southern Districts of New York
Education
- Rutgers University School of Law, J.D., 2004, with honors
- Rutgers Graduate School of Education, M.Ed., 1998
- Rutgers University, B.A., 1993
Honors & Awards
- Recommended by The Legal 500 US for Civil Litigation/Class Actions: Defense (2024)
- Recognized by Who's Who Legal as a Future Leader in Competition (2023-2024)
- Nominee, Concurrences 2023 Antitrust Writing Awards, “Labor Markets in Healthcare Transactions: A Work in Progress,” CPI Antitrust Chronicle, May/Spring 2022, Volume 2(2)
- Nominee, Concurrences 2022 Antitrust Writing Awards, “The Other Side of the Coin: Complementarity in Mergers of Multiproduct Firms,” Antitrust Magazine Online (October 2021)
- Janet D. Steiger Award for contributions to FTC trials (three-time recipient)
Professional Activities
Clerkships
- Justice Barry T. Albin, Supreme Court of New Jersey (2004-2005)
Author
- Representing Hospitals and Health Systems, American Health Law Association, Second Edition. 2024
- “Scaling the ‘Rebate Wall’: Growing Scrutiny of Rebate Contracting in Pharma and Potential Responses,” ABA Antitrust Magazine (April 5, 2024, with Monsura Sirajee)
- “Indivior Ruling May Show Crack in Drug Cos.’ Rebate Walls,” Law360 (July 31, 2023, with Monsura Sirajee)
- “Upping the ‘Ante’ on Competition Regulation: Gambling with the Future of Big Tech?,” Competition Policy International (April 20, 2023, with Ben Bradshaw and Sheya Jabouin)
- “Labor Markets in Healthcare Transactions: A Work in Progress,” CPI Antitrust Chronicle, May/Spring 2022, Volume 2(2)
- “The Other Side of the Coin: Complementarity in Mergers of Multiproduct Firms,” Antitrust Magazine Online (October 2021)
- “Meet the New ‘BOSS’: Competitive Effects Analyses in Staples/Office Depot,” Antitrust Magazine (Fall 2016)
- “The Ninth Circuit’s St. Luke’s Decision and its Practical Impact on Agency Practice,” Antitrust Health Care Chronicle (April 2015)
Speaking Engagements
- “US Antitrust and Intellectual Property Law: Current Issues & Trends,” Fronteo Webinar (October 4, 2023)
- “FTC Agencies’ Court Challenge of Illumina’s Proposed Acquisition of Grail,” New York State Bar Association Antitrust Section Vlog (April 2, 2024)
- “2022’s Biggest Antitrust Developments and What to Expect in 2023,” AHLA Speaking of Health Law (January 31, 2023)
- “Health Care Transactions: Hot Antitrust Topics,” AHLA Speaking of Health Law (June 21, 2022)
- “Evidence in Hospital Mergers: What Tips the Scale?” AHLA Health Care Transactions Program (April 2022)
- “Developments in Pharma Antitrust: Evolution or Revolution?” Moderator, New York State Bar Association Antitrust Section Annual Meeting (January 2022)
- “Efficiencies in Healthcare Mergers: Perspectives on Recent Challenges and the Path Ahead,” ABA Antitrust Section Program (December 2021)
Member
- Vice Chair, New York State Bar Association Monopolization and Big Tech Committee
- New York State Bar Association, Antitrust Law Section, Pharmaceuticals and Health Care Committee
- American Bar Association, Antitrust Law and Health Law Sections
- American Health Law Association, Antitrust Practice Group
Corporate & Government Experience
- Senior Trial Counsel and lead staff attorney, Bureau of Competition, Federal Trade Commission (2010-2014)