O’Melveny Worldwide
Areas of Focus
Areas of Focus

Peter Herrick has represented clients in complex and challenging transactions and antitrust litigation for nearly 20 years. Peter has tried six merger litigations to final decisions, both for and against the government, including groundbreaking cases on behalf of the Federal Trade Commission. In addition to representing clients on mergers and acquisitions before the FTC, Department of Justice, and other antitrust regulators, Peter leads high stakes antitrust litigation for clients in federal court. Clients trust Peter’s strategic approach to both transactions and disputes, value his clear judgment, and depend on his credibility both in court and before the antitrust agencies.

Prior to returning to private practice, Peter was Senior Trial Counsel in the FTC’s Bureau of Competition. In that role, Peter co-led the FTC's 18-day trial and victory in FTC et al. v. St. Luke's Health System, Inc. et al., the FTC’s first successfully litigated merger challenge of a hospital system’s acquisition of a physician group. While in the FTC’s Mergers IV Division, he was a key trial team member in the FTC's successful merger challenges in FTC v. Phoebe Putney Health System and FTC v. OSF Health System. While at the FTC, Peter received the Janet D. Steiger Award three times for his contributions to key litigations.

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.

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Private Practice

  • Defending a major financial services institution in an antitrust action alleging collusive conduct that purportedly affected management of hundreds of billions of dollars in assets
  • Represented Take-Two Interactive in connection with the FTC’s challenge of Microsoft/Activision Blizzard 
  • Represented Alvogen in its antitrust counterclaims against Indivior relating to Alvogen’s launch of a generic equivalent to Suboxone® sublingual film
  • Represented 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
  • Counseled and represented 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
  • Counseled and represented 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
  • Counseled and represented Stone Point Capital and Mitchell | Genex in DOJ review and clearance of the acquisition of Coventry’s Workers’ Comp Services
  • Acted as 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.
  • Counseled and represented KKR in its $9.9 billion acquisition of Envision Healthcare
  • Advised HCA Healthcare in its proposed $1.5 billion acquisition of Mission Health
  • Counseled L3 Technologies in the $540 million sale of its Vertex Aerospace business to American Industrial Partners
  • Represented KKR and Internet Brands in Internet Brands’ acquisition of Avvo, Inc.
  • Represented Office Depot in FTC review and litigated challenge to its proposed $6.3 billion merger with Staples, Inc.
  • Represented JBS U.S.A. in DOJ review and clearance of its $1.45 billion acquisition of Cargill's U.S.-based pork business 
  • Represented and counseled Silicon Precision Industries Co., Ltd. in FTC review and clearance of its proposed joint share exchange with Advanced Semiconductor Engineering, Inc.
  • Represented and advised Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft KG (HSDG) in DOJ review and clearance of its $4 billion acquisition by Maersk Line A/S
  • Represented Avantor, Inc. in European Commission review and approval of its $6.5 billion acquisition of VWR Corporation 
  • Represented Maple Leaf Foods in FTC review and approval of its acquisition of Field Roast Grain Meat Co.
  • Represented 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

  • Recognized by Who's Who Legal as a Future Leader in Competition (2023)
  • 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

  • “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

  • “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

  • 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)