Peter C. Herrick is Counsel in Simpson Thacher’s Litigation Department and resident in the Washington, D.C. office. His practice focuses on antitrust and competition, including antitrust litigation, government merger and conduct investigations, and counseling on competition issues.
Peter represents clients in merger investigations before the Department of Justice and Federal Trade Commission and in criminal and civil antitrust disputes. He has litigated antitrust matters involving alleged price fixing and restraint of trade and has a depth of government investigation experience. Recent key matters on which Peter has worked include:
- Second chair on behalf of US Foods in 8-day preliminary injunction hearing against the FTC concerning its proposed $8.2 billion merger with Sysco Corp.
- Office Depot in FTC review and litigated challenge to its proposed $6.3 billion merger with Staples, Inc.
- JBS USA 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
- Multinational firm in DOJ cartel investigation
- Maple Leaf Foods in FTC review and approval of its acquisition of Field Roast Grain Meat Co.
- Major health care system in its response to DOJ subpoenas for testimony and documents in United States v. Anthem Inc. et al.
Peter joined the Firm from the Federal Trade Commission (FTC), where he was Senior Trial Counsel in the Bureau of Competition. During his time at the FTC, Peter oversaw significant merger investigations and litigations in a range of industries. As Senior Trial Counsel and a lead staff attorney in the Mergers IV Division, Peter played central roles in numerous antitrust investigations and FTC challenges to mergers involving hospitals, physician groups, consumer goods, and blood-plasma product manufacturers, among others.
While at the FTC, he acted as second chair in the FTC’s 18-day trial and victory in FTC et al. v. St. Luke’s Health System, Inc. et al. and as 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. Peter was also the lead staff attorney on FTC merger investigations, including Visant Corp./American Achievement Corp., Geisinger Health System/Community Medical Center, Community Health System, Inc./Moses Taylor Health Care System, and Grifols, S.A./Talecris Biotherapeutics Holdings Corp.
Prior to joining the FTC, Peter was Counsel at O’Melveny & Myers LLP where he represented clients in high stakes commercial and antitrust litigation, including American Express Travel related Services Co. Inc. v. Visa USA Inc. et al. and In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation.
Peter received his J.D., with honors, from Rutgers University School of Law, where he was a member of the Order of the Coif and an Articles Editor for the Rutgers Law Review. He received his M.Ed. from Rutgers Graduate School of Education and his B.A. from Rutgers College. Following law school, he completed a clerkship with Justice Barry T. Albin, Supreme Court of New Jersey. He is admitted to practice in New York, the District of Columbia, and the United States District & Bankruptcy Courts for the District of Columbia.