Pete Herrick

Our Team
Pete Herrick

Partner

New York Office

pherrick@omm.com

D: +1 212 326 2145

Areas of Focus

Antitrust & Competition

Merger Clearance

Overview Experience Insights News Credentials

For more than two decades, Pete Herrick has advised and advocated for clients in their most complex and high-stakes antitrust matters. He brings end-to-end perspective across mergers, litigation, and investigations, applying versatile advocacy and pragmatic business insight to craft winning strategies that solve the right problem, reduce risk, and advance business objectives.

Pete has tried numerous merger challenges to final decision, representing both private parties and the government, including litigating groundbreaking cases for the Federal Trade Commission (FTC). His experience spans defending clients in federal court and guiding them through complex mergers and acquisitions before the Department of Justice, the FTC, and other antitrust regulators. Known for his strategic acumen and credibility both in court and before regulatory agencies, Pete is a go-to attorney for clients facing their most critical antitrust challenges.

Recent Representative Matters

Alaska Airlines in DOJ review and clearance of its acquisition of Hawaiian Airlines

Charles Schwab in successfully defending against antitrust claims in Greco et al. v. Mallouk et al.

The Real Brokerage in defending against federal and state antitrust claims relating to real estate broker commissions in Cwynar v. The Real Brokerage, Inc. et al.

A prominent music and entertainment company in connection with high-profile DOJ antitrust litigation in the live entertainment industry

A major tech company in defending more than two dozen arbitrations alleging wage fixing and employment law violations

A leading healthcare firm in DOJ review and clearance of its acquisition of a vertically integrated administrative services company

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 pivotal roles in other high-profile matters, including FTC v. Phoebe Putney Health System and FTC v. OSF Health System. For his contributions, Pete received the FTC’s prestigious Janet D. Steiger Award three times.

Beyond litigation, Pete acted as 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.

Pete regularly speaks and publishes on cutting-edge antitrust issues. His commentary has appeared in the American Health Lawyers Association, American Bar Association, Law360, and Competition Policy International. He has also presented at major conferences, including those hosted by the American Health Lawyers Association and the New York State Bar Association.

Alaska Airlines in DOJ review and clearance of its acquisition of Hawaiian Airlines
Charles Schwab in successfully defending against antitrust claims in Greco et al. v. Mallouk et al.
The Real Brokerage in defending against federal and state antitrust claims relating to real estate broker commissions in Cwynar v. The Real Brokerage, Inc. et al.
A prominent music and entertainment company in connection with high-profile DOJ antitrust litigation in the live entertainment industry
A major tech company in defending more than two dozen arbitrations alleging wage fixing and employment law violations
A leading healthcare firm in DOJ review and clearance of its acquisition of a vertically integrated administrative services company
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 US$8.2 billion merger with Sysco Corp.
KKR in its US$9.9 billion acquisition of Envision Healthcare
HCA Healthcare in its proposed US$1.5 billion acquisition of Mission Health
L3 Technologies in the US$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 US$6.3 billion merger with Staples, Inc.
JBS U.S.A. in DOJ review and clearance of its US$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 US$4 billion acquisition by Maersk Line A/S
Avantor, Inc. in European Commission review and approval of its US$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 Merger Control (2025, 2026); Cartel (2026); and 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

“Expert Witness Depositions,” Practising Law Institute, Fundamentals of Taking and Defending Depositions 2025 (March 4, 2025)
“Biden/Harris Administration Retrospective in Healthcare & Pharmaceuticals,” ABA Webinar (March 3, 2025)
“FTC Agencies’ Court Challenge of Illumina’s Proposed Acquisition of Grail,” New York State Bar Association Antitrust Section Vlog (April 2, 2024)
“US Antitrust and Intellectual Property Law: Current Issues & Trends,” Fronteo Webinar (October 4, 2023)
“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