Areas of Practice
Languages
  • German
  • French
Education
  • University of Michigan Law School, J.D., cum laude, 1991, Contributing Editor, Michigan Law Review, Winner of the 1991 Hessel Yntema Award
  • Yale University, B.A., cum laude, 1987
Judicial Clerkships
  • Hon. Paul V. Niemeyer, US Court of Appeals, Fourth Circuit, 1991-1992
Bar & Court Admissions
  • District of Columbia
  • Maryland

Kenneth P. Ewing

Partner
1330 Connecticut Avenue, NW
Washington DC 20036
TEL: +1 202 429 6264
FAX: +1 202 429 3902

 

Ken Ewing defends companies and individuals in US and multi-jurisdictional criminal cartel investigations and related civil damages suits and civil investigations by the Federal Trade Commission (FTC) and US Department of Justice's (DOJ) Antitrust Division. Mr. Ewing also handles class action and other civil antitrust suits in US courts. His clients appreciate his forward-thinking approach and his ability to translate complex legal and factual situations into concrete choices that help clients make the best possible decisions for their businesses. His global practice includes clients based in Asia (particularly Japan and Korea), Europe, and North America, where he routinely coordinates cartel defenses and mergers with co-counsel in multiple jurisdictions in North and South America, Europe, Asia, Africa, and Oceania.

Mr. Ewing also advises clients about the antitrust implications of proposed mergers, acquisitions, joint ventures, and strategic alliances. He counsels clients about other kinds of business initiatives, such as long-term, exclusive or reciprocal supply or distribution arrangements, responses to industry de-regulation, and antitrust compliance programs. His industry experience includes electronics components, auto parts, plastics and various industrial chemicals, air transportation, food, pharmaceuticals, travel reservation systems, express package delivery services, gas and oil pipelines, electricity, medical equipment, construction equipment, and telecommunications.

Representative Matters

  • Defending Japanese auto parts maker in ongoing DOJ investigation of multinational cartel and in follow-on class action civil damages claims in In re Automotive Parts Antitrust Litigation, (E.D. Mich.) (Steel Tubes).
  • Defending National Milk Producers Federation in ongoing US class action civil damages claims in Matthew Edwards et al. v. National Milk Producers Federation et al., (N.D. Cal.), and First Impressions Salon, Inc. v. National Milk Producers Federation et al., (S.D. Ill.). These cases under state and federal laws involve an unusual theory of joint efforts to raise prices by subsidizing reduced output, as well as application of an antitrust exemption for agricultural cooperatives.
  • Defending MonoSol RX in civil antitrust enforcement actions by 46 states in Wisconsin et al. v. Indivior Inc. et al., (E.D. Pa.). The states allege a novel theory that a supplier conspired with a manufacturer to delay entry of generic pharmaceuticals by providing a new form for the branded pharmaceutical.
  • Defended LG Chem, Ltd. in DOJ and EC investigations and class action civil damages claims in In re Lithium Ion Batteries Antitrust Litigation, (N.D. Cal.).
  • Defended individuals in various DOJ investigations of international cartels, including capacitors, and certain auto parts.
  • Defended FedEx Corp. in civil conspiracy claims in AFMS LLC v. United Parcel Service Co. and FedEx Corp, (C.D. Cal.), helping to secure a complete dismissal before trial despite superficial similarity to binding, unique precedent. The success of this matter was due in large part to our close collaboration with the client’s very strong in-house legal department.
  • Advised major US trade association on various activities to respond to strong political and commercial pressures, including intensive White House scrutiny and price-regulatory initiatives in the US and abroad.
  • Advised various clients in food, apparel, major facilities construction, military equipment, and other sectors on pricing, distribution, and bidding practices.
  • Advised Japanese manufacturer on restructuring long-time business arrangements into multinational joint venture with German industrial machinery manufacturer in highly concentrated global markets.
  • Advised a Japanese aerospace equipment manufacturer on response to various civil investigative demands for evidence in DOJ investigations of mergers involving competitors.

Noteworthy

  • National Law Journal's "Trailblazers in Antitrust," 2016
  • Chambers USA, Antitrust (DC), 2009-2017
  • Best Lawyers in America, Antitrust Law, 2015-2018
  • Washington, DC Super Lawyers, Antitrust Litigation, 2007, 2013-2017
  • The International Who’s Who of Business Lawyers, Competition, 2010, 2013
  • Euromoney's Expert Guide to the World's Leading Competition and Antitrust Lawyers/Economists, 2010
  • Legal 500 US, Antitrust, 2009 

Select News & Events

Selected Publications

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Professional Affiliations

  • Advisory Board, MLex
  • Antitrust Section, American Bar Association
  • International Law and Practice, American Bar Association
  • US Advisor, International Competition Network