Ethan E. Litwin
Ethan E. Litwin has a broad antitrust practice that focuses on complex antitrust litigation, defending civil and criminal government investigations, representing merging parties in international merger control investigations, and antitrust counseling. Throughout the span of his career, he has litigated numerous high-profile cases in state and federal courts and has represented clients before antitrust regulators in the United States and the European Union. Noted by Chambers USA as “very impressive at strategy”, market sources have commended his ability to shape “the facts to the best benefit of his clients.” Mr. Litwin is regularly called upon to defend companies in cartel investigations and has deep experience in defending and coordinating the multi-jurisdictional and multi-forum litigations that result from them.
Mr. Litwin’s clients reside in jurisdictions across the globe and cover a range of industries, including pharmaceuticals, manufacturing, financial services, electronics, media and entertainment, transportation, agriculture, industrial chemicals, and information systems. He has conducted numerous internal investigations for his clients and designed compliance programs for a wide range of clients.
Mr. Litwin has co-authored and co-edited a number of publications addressing merger review and antitrust issues, including “The Essentials of Merger Review” and “Indirect Purchaser Litigation Handbook,” published by the ABA Sections of International Law and Antitrust Law, respectively, and “International Mergers & Acquisitions: An Introduction” published by Kluwer Law. Mr. Litwin has also been quoted by multiple prominent publications including International Financial Law Review: Competition & Antitrust, Global Competition Review, Law360 and Business Wire. Mr. Litwin has been recommended by The Legal 500 in the Antitrust – Cartel category and is ranked by Chambers USA as a leading antitrust attorney in the United States. His practice has also been recognized by Global Competition Review, The Practicing Law Company, Ethisphere, and SuperLawyers.
- In re Generic Pharmaceuticals Antitrust Litigation. Lead counsel for CVS Pharmacy, Inc. in a Multi-District Litigation pending in the Eastern District of Pennsylvania in connection with its claim regarding Defendants’ alleged anticompetitive behavior concerning the sale of hundreds of generic pharmaceuticals.
- In re Namenda Indirect Purchaser Litigation. Representing a class of end-payors in the Southern District of New York concerning Defendants’ alleged anticompetitive conduct that delayed entry of generic memantine.
- William Morris Endeavor Entertainment, LLC v. Writers Guild of America, West, Inc. Co-Lead counsel for the Writers Guild of America in the Central District of California concerning allegations that the Guilds’ adoption of its Agency Code of Conduct constituted a group boycott in violation of the antitrust laws, and in pursuing counterclaims against the three leading Hollywood talent agencies for fixing the price of packaging fees.
- In re Capacitors Antitrust Litigation. Lead counsel for Soshin Electric Co. Ltd. in multiple class action lawsuits in the Northern District of California concerning alleged collusion in the electric capacitors industry.
- In re Platinum and Palladium Antitrust Litigation. Lead counsel for the London Platinum and Palladium Fixing Co. in a class action lawsuit in the Southern District of New York concerning alleged manipulation of the prices of platinum and palladium.
- Utah Newspaper Project dba Citizens for Two Voices v. Deseret News Publishing Company and Kearns- Tribune, LLC. Representing the owners of the Salt Lake Tribune concerning an antitrust challenge to the restructuring of its joint operating agreement with the Deseret News.
- In re LIBOR-Based Financial Instruments Antitrust Litigation. Representing WestLB in multiple consolidated class action lawsuits in the Southern District of New York concerning alleged collusive manipulation of the Dollar LIBOR rate.
- Boston Semi Equipment v. Teradyne. Lead counsel for Boston Semi Equipment in a lawsuit in the District of Massachusetts that alleges that defendant violated Sections 1 and 2 of the Sherman Act.
- In re Cathode Ray Tube Antitrust Litigation. Philips Electronics in consolidated multidistrict class action lawsuits in the Northern District of California regarding alleged collusion in the cathode ray tube industry.
- Precision Associates, Inc. et al. v. Panalpina World Transport (Holding) LTD. et al. Representing Expeditors International of Washington in a class action lawsuit in the Eastern District of New York regarding alleged collusion in the freight forwarding industry.
- All Star Carts et al. v. BFI Canada Income Fund et al. Representing Waste Management in a class action lawsuit in the Eastern District of New York regarding alleged collusion in the waste hauling industry.
- In re Air Cargo Antitrust Litigation. Representing International Air Transport Association in multidistrict class action lawsuits consolidated in the Eastern District of New York regarding alleged price-fixing of fuel surcharges.
- Afilias Domains No. 3 Limited v. ICANN. Representing Afilias in an Independent Review Process (IRP) before the International Centre for Dispute Resolution regarding the ICANN auction of the generic top-level domain (gTLD) .WEB.
- Lead counsel for a Japanese company in connection with a DOJ grand jury investigation.
- Representing a leading transportation company in connection with a DOJ investigation.
- Lead counsel for several senior Japanese executives in connection with various criminal antitrust investigations.
- Lead counsel for a major media company in connection with a DOJ civil investigation.
- Lead counsel for a U.S. manufacturer in a joint investigation by the DOJ and another federal agency of alleged bid-rigging of government contracts.
- Lead counsel for a leading international financial services company in connection with multiple governmental investigations on both the federal and state level.
- Representing a leading U.S. financial services company as the amnesty applicant under the DOJ’s Leniency Program for cartel offenses.
- Representing a senior employee of a financial services company in connection with a criminal antitrust investigation.
- Representing a leading transportation company in connection with DOJ investigations into multiple alleged cartel agreements.
- Representing a leading European manufacturer in connection with multiple federal and state criminal antitrust investigations.
- Representing Universal Studios in the European Commission investigation of the use of most favored nations clauses in contracts between U.S. film studios and European pay-TV operators.
- Representing MTV Networks in connection with the U.S. Department of Justice’s investigation of alleged anticompetitive practices in the music video industry.
- Duke University, B.A., 1992
- Georgetown University Law Center, J.D., 1998, cum laude, CPP Editor-in-Chief, Georgetown Law Journal, National Champion, National White Collar Mock Trial Invitational
- Supreme Court of the United States
- United States Court of Appeals for the Second Circuit
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of New York
- New York
- Solicitor, England and Wales
Memberships and Professional Activities
- Fellow, American Bar Foundation
- Chair, ABA Section of International Law, International Antitrust Law Committee
- Member, ABA International Task Force
- Executive Committee of the Antitrust Law Section, New York State Bar Association
- Former Chair, New York County Lawyers’ Association, Antitrust and Trade Regulation Committee
- Founding Editorial Board Member, Competition Law360
- Pricing Algorithms: Old Wine in New Bottles? — Columbia Law School
- Online Cartels: Algorithm or Collusion? — GCR Live 7th Annual Antitrust Law Leaders Forum
- Artificial Intelligence and the Problem of Tacit Pricing Collusion: How Are Authorities Coping with Pricing Algorithms that are Set by Machines? — 3rd Annual Conference on Technology and Antitrust
- Ethical and Strategic Issues in Immunity Applications — BLG Competition/Antitrust Developments Seminar
- Does Antitrust Law Need to Innovate to Stay Relevant in the 21st Century? — ABA Annual Meeting
- Pretrial Practice Seminar 2017 — Presented by Practising Law Institute
- Has Antitrust Failed? — New York State Bar Association Annual Meeting
- Bid-Rigging Without Borders: What’s Next in International Cartel Investigations? — ABA Section of International Law Fall Meeting
- Comity in Practice: Resolving Conflicting Notions of Privilege, Privacy and Jurisdiction in an Era of Global Cartel Enforcement — ABA Section of International Law Spring Meeting
- Conducting an Audit and Developing a Critical Action Plan: Effective Compliance Tools for Cross Border Regulation — ABA Section of International Law and New York County Lawyers Association
- Cooperating Antitrust Agencies: Strategies for Managing Multijurisdictional Disclosure — ABA Section of International Law
- Merger Control Notification and Review Procedures — Delegation of the National People’s Congress of China, US Department of Commerce
- Multi-Jurisdictional Premerger Notification: Where to Start and How to Avoid Pitfalls — Washington DC Bar Association
- Parental Liability Under US Law — ABA Section of International Law’s Spring Meeting
- The Culture of Cartels — ABA Section of Antitrust Law
- The Economics of Contracts that Reference Rivals — Global Competition Review’s Law Leaders Forum
- The Future of U.S. Antitrust: Do Landmark Changes Portend a Turbulent Future? — ABA Section of International Law
- Responding to Government Inquiries in Antitrust M&A Situations — ReedLogic Video Leadership Seminar
- Solving the Collective Redress Conundrum — Class Action Landscape: Yesterday, Today and Tomorrow -Perspectives in Law and Economics
- Watch Out Below! Avoiding Ethical Pitfalls in Class Action Litigation — New York State Bar Association Annual Meeting
- United States Chapter, Getting the Deal Through: Cartel Regulation
- S. Regulation for Asset Managers Outside the United States – Sweet & Maxwell
- 5 Things to Know About New DOJ-FTC Int’l Antitrust Guide – Law360
- FTC/DOJ Release Proposed Update to International Enforcement Guidelines: 14 Important Questions
- The third way: The constitutional imperative of allowing foreign nationals to seek to dismiss indictments prior to arraignment — Competition Law Review
- New Tools to Fight Bid Rigging in Public Procurement Issued by Organization of Major World Governments
- The FTC Loses (Again): Lessons Learned From LabCorp — Mondaq Antitrust and Competition
- The Shifting Sands of Limited Liability Principles — Competition Law360
- Time to Rebuild the Illinois Brick Wall — Bloomberg Law Reports
- Recent Enforcement Activities of the US Antitrust Agencies — Global Competition Review
- Antitrust Developments in the Media and Entertainment Industries — Global Competition Review: The Antitrust Review of the Americas
- Introduction: Recent Developments in International Cartel Enforcement — Getting the Deal Through: Cartel Regulation