Ethan E. Litwin

ethan-litwin

Ethan E. Litwin

Partner

New York | Three Bryant Park, 1095 Avenue of the Americas, New York, NY, United States of America 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 Global 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. 

Experience

Litigation

  • In re Capacitors Antitrust Litigation. Lead counsel for a Japanese electronics manufacturer in defending a DOJ grand jury investigation and multiple class action lawsuit concerning an alleged cartel in the electric capacitors industry. 
  • In re Platinum and Palladium Antitrust Litigation. Lead counsel for a joint venture among several leading banks in defending class action and individual lawsuits that allege 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 a defendant bank in defending 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 violations of both Sections 1 and 2 of the Sherman Act.
  • In re Cathode Ray Tube Antitrust Litigation. Representing a European electronics manufacturer in defending consolidated multidistrict class action lawsuits regarding an alleged cartel in the cathode ray tube industry.
  • Precision Associates, Inc. et al. v. Panalpina World Transport (Holding) LTD. et al. Representing a leading logistics company in a class action that alleged multiple cartels in the freight forwarding industry.
  • All Star Carts et al. v. BFI Canada Income Fund et al. Representing a waste management company in defending a class action lawsuit that alleged collusion in the waste hauling industry.
  • In re Air Cargo Antitrust Litigation. Representing a trade association in multidistrict class action lawsuits consolidated in the Eastern District of New York regarding alleged price-fixing of fuel surcharges. 

Government Investigations

  • Lead counsel for a Japanese electronics company in defending a DOJ grand jury investigation.
  • Lead counsel for several senior executives who were targets of DOJ’s grand jury investigation into the auto parts cartels.
  • Representing 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.
  • Representing 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 leading logistics company in its defense of a DOJ grand jury investigation.
  • Representing a European electronics company in defending a DOJ grand jury investigation and associated state AG investigations.
  • 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 VideosRepresenting MTV Networks in connection with the U.S. Department of Justice’s investigation of alleged anticompetitive practices in the music video industry.

Internal Investigations

  • Led multiple internal investigations of possible cartel conduct across multiple firms in various industries.

Merger Control Investigations

  • Cipla Ltd. before the Federal Trade Commission concerning its US$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, 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 Pennsylvania
  • 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
Speaking Engagements
  • Pricing Algorithms: Old Wine in New Bottles? — Columbia Law School, New York, NY (February 12, 2018) 
  • GCR Live 7th Annual Antitrust Law Leaders Forum — Miami, FL (February 2, 2018)

Moderator, "Online Cartels: Algorithm or Collusion?" — a panel on how the flow of information and signaling between competitors changed in the wake of sophisticated data and algorithmic capabilities.

  • Tacit Collusion in the 21st Century, 3rd Annual Conference on Technology and Antitrust — Beijing (January 26, 2018)

Speaker, "Artificial Intelligence and the Problem of Tacit Pricing Collusion: How are Authorities Coping with Pricing Algorithms that are Set by Machines?"

  • Ethical and Strategic Issues in Immunity Applications, BLG Competition/Antitrust Developments Update — Borden Ladner Gervais LLP, Toronto, Ontario, Canada (September 26, 2017)

Speaker, "Ethical and Strategic Issues in Immunity and Leniency Cases" — a panel on key ethical and strategic issues that come up in immunity/leniency cases. 

  • Does Antitrust Law Need to Innovate to Stay Relevant in the 21st Century? — Presented by the American Bar Association, New York, NY (August 11, 2017)

Moderator, "Does Antitrust Law Need to Innovate to Stay Relevant in the 21st Century?" — a panel on whether antitrust law needs to evolve to stay relevant and ensure competitive markets in today's global, interconnected, and digitalized work.

  • Pretrial Practice Seminar 2017 — Presented by Practising Law Institute, New York (May 4, 2017)

Participant, "Use of Experts" discussion on when to retain experts, what type of experts to use, testifying vs. consulting experts, protecting expert communications, preparing expert reports, taking discovery of experts, and Daubert motions.

  • Has Antitrust Failed?: Antitrust Law Section Annual Meeting  —Presented by the New York State Bar Association,  NY (January 26, 2017)

Moderator, “Has Antitrust Failed?” panel.

  • Bid-Rigging Without Borders: What's Next in International Cartel Investigations? — ABA Section of International Law: Fall 2016 Meeting, Tokyo, Japan (October 19, 2016)

Speaker, panel on trends in international cartel enforcement from the perspective of a plaintiffs' attorney, defense counsel, and prosecutors.

  • 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, Washington, D.C.
  • 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
  • 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
  • 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
  • What's Wrong with U.S. Class Actions? A European Perspective on the U.S. Class Action Device