Ethan E. Litwin

ethan-litwin

Ethan E. Litwin

Partner

New York | 1095 Avenue of the Americas, New York, NY 10036-6797
+1 212 698 3669 | +1 212 698 3599

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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. In the transactional setting, Mr. Litwin has also guided companies through the global merger control process on their most important transactions, including handling multiple Second Requests in the United States and Phase II investigations in Europe.

Mr. Litwin’s clients reside in jurisdictions across the globe and cover a range of industries, including pharmaceuticals, financial services, electronics, media and entertainment, transportation, agriculture, industrial chemicals, information systems, and insurance.

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 The Legal 500Global Competition Review, The Practicing Law Company, Ethisphere, and SuperLawyers.

Prior to joining Dechert, Mr. Litwin served as a partner and the co-chair of the antitrust group at another international law firm. 

Significant Representations

Litigation

  • In re Capacitors Antitrust Litigation. Lead counsel for Soshin Electric Co. Ltd. in multiple class action lawsuits 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 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 Portigon AG (f/k/a WestLB AG) in multiple consolidated class action lawsuits 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. Representing Koninklijke Philips Electronics N.V. and Philips Electronics North America Corp. 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 filed 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 Inc. 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.

Government Investigations

  • Confidential Investigation. Lead counsel for a Japanese electronics company in connection with a DOJ grand jury investigation.
  • Auto Parts. Lead counsel for several senior executives in connection with various criminal antitrust investigations.
  • Confidential Investigation. Representing a major media company in connection with a DOJ civil investigation.
  • Confidential 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.
  • Confidential Investigation. Representing a leading international financial services company in connection with multiple governmental investigations on both the federal and state level.
  • Confidential Investigation. Representing a leading U.S. financial services company as the amnesty applicant under the DOJ's Leniency Program for cartel offenses.
  • Freight Forwarders. Representing Expeditors International of Washington in a U.S. Department of Justice grand jury investigation of alleged price fixing in the freight forwarders industry.
  • Cathode Ray Tubes. Representing Philips Electronics in a U.S. Department of Justice grand jury investigation and related state Attorney General investigation of alleged price-fixing in the cathode ray tube industry.
  • European Pay-TV. 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.
  • Music Videos. Representing MTV Networks in connection with the U.S. Department of Justice’s investigation of alleged anticompetitive practices in the music video industry.

Merger Control Investigations

  • Cipla Ltd. before the Federal Trade Commission concerning its $550 million acquisitions of InvaGen Pharmaceuticals and Exelan Pharmaceuticals.
  • Merck, Inc. before the Federal Trade Commission concerning its US$8.4 billion acquisition of Cubist Pharmaceuticals.
  • Merck, Inc. before the Federal Trade Commission concerning its US$3.85 billion acquisition of Idenix Pharmaceuticals.
  • Cenveo Inc. before the U.S. Department of Justice in its acquisition of the envelope business of MeadWestvaco.
  • Schering-Plough before the Federal Trade Commission in its US$14.4 billion acquisition of the human and animal health businesses of Organon Biosciences from Akzo Nobel.
  • Smithfield Foods before the U.S. Department of Justice in connection with its US$440 million acquisition of the Cook’s ham business from ConAgra Foods.
  • The Blackstone Group and Celanese before the European Commission and other foreign antitrust authorities in its US$492 million acquisition of the Canadian petrochemical producer Acetex Corp.
  • Owens-Illinois before the European Commission and other foreign antitrust regulators in its US$1.46 billion acquisition of glass container manufacturer BSN Glasspack.
  • CSL Inc. before various European and foreign antitrust regulators in its US$925 million acquisition of the Aventis Behring blood plasma business.
  • Lehman Brothers and CP Kelco before various foreign antitrust regulators in the US$1 billion sale of food additive processor CP Kelco to J.M. Huber.
  • Vivendi Universal before the U.S. Federal Trade Commission and other foreign antitrust regulators in its US$8.15 billion sale of the Seagram wine and spirits business to Diageo and Pernod Ricard.
  • Seagram before the European Commission and other foreign antitrust regulators in its US$34 billion merger with French conglomerate Vivendi and pay-TV provider Canal+.

Includes matters handled at Dechert or prior to joining the firm.

Education
  • Duke University, B.A., 1992
  • Georgetown University Law Center, J.D., 1998, cum laude, CPP Editor in Chief, Georgetown Law Journal, National Champion at the National White Collar Crime Mock Trial Invitational
Admissions
  • New York
  • Solicitor, England and Wales
  • Supreme Court of the United States
  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York
Memberships
Co-Chair, ABA Section of International Law, International Antitrust Law Committee
Executive Committee of the Antitrust Law Section, New York State Bar Association
U.S. Council for International Business Competition Committee
ABA Section of Antitrust Law, Corporate Counseling Committee