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

 

Kenneth P. Ewing is a partner in Steptoe's Washington office, where he is a member of the Antitrust & Competition Group.

Antitrust
Mr. Ewing advises clients from around the world in a variety of industries regarding the antitrust laws of the United States and the European Union.  He regularly defends clients in US and multi-jurisdictional criminal cartel investigations (both companies and individuals) and related civil damages suits, as well as civil investigations by the Federal Trade Commission and US Department of Justice's Antitrust Division, and administrative litigation regarding mergers in regulated industries, often working closely with colleagues in Steptoe’s Brussels, London, and Beijing offices.  In addition, Mr. Ewing advises clients about the antitrust implications of proposed mergers, acquisitions, joint ventures, and strategic alliances.  He also 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.

Mr. Ewing’s practice spans a wide range of countries and industries.  He has substantial experience advising clients based in Asia (particularly Japan, Korea, and China over the past decade), Europe, and North America.  This experience has included coordinating defenses by co-counsel in multiple jurisdictions in North and South America, Europe, Asia, Africa, and Oceania.  His industry experience includes electronics components, auto parts, plastics and various industrial chemicals, air transportation, pharmaceuticals, travel reservation systems, express package delivery services, gas and oil pipelines, electricity, medical equipment, construction equipment, and telecommunications.  Mr. Ewing also regularly advises trade associations on compliance and industry-wide initiatives.

Mr. Ewing speaks and writes about antitrust issues and compliance.  He has been active in the Antitrust Section of the American Bar Association, having held leadership positions on its Books & Treatises Committee, the editorial board for the flagship treatise Antitrust Law Developments (6th), and the Mergers & Acquisitions Committee.  Mr. Ewing has also served on the Board of Directors of the Tahirih Justice Center and as Assistant Secretary of the Washington Institute of Foreign Affairs.  Mr. Ewing is a member of the International Competition Network's group of US advisors.

Prior to joining Steptoe, Mr. Ewing worked as a Visiting Foreign Associate in the Düsseldorf office of the German law firm Bruckhaus Westrick Stegemann, where he helped advise German, French and US clients about German and European Union antitrust laws regarding joint ventures, mergers and licensing agreements. He is fluent in German and reads French.

Public International Law

Mr. Ewing has helped prepare opinion letters regarding the issues of national sovereignty and statehood under international law.  He has also assisted in preparing an analysis for the American Bar Association of the structure and powers of the International Tribunal to Adjudicate War Crimes in the former Federal Republic of Yugoslavia.

During 1996, Mr. Ewing worked as a Law Fellow in the Washington, DC office of IUCN-The World Conservation Union, advising on the effects of international trade rules on international and national environmental conservation policies.  He co-authored “The ‘Trade and Environment’ Agenda: Survey of Major Issues and Proposals” (1997 IUCN, ISBN 2-8317-0402-2).

Representative Matters

  • Defense of Japanese auto parts maker in ongoing DOJ investigation of multi-national cartel
  • Defense of individuals in various DOJ investigations of international cartels, including DRAMs and certain auto parts
  • Defense of DOJ and EC investigations and civil damages claims in In re Lithium Ion Batteries Antitrust Litigation, 4:13-md-02420-YGR (N.D. Cal.): Counsel for LG Chem, Ltd.
  • Advice on response to various civil investigative demands for evidence in DOJ investigations of mergers involving competitors: Japanese aerospace equipment manufacturer
  • Defense of civil damages claims in Matthew Edwards et al. v. National Milk Producers Federation et al., 4:11-cv-04766 (N.D. Cal.) and First Impressions Salon, Inc. v. National Milk Producers Federation et al., 3:13-cv-00454-NJR-SCW (S.D. Ill.): Counsel to National Milk Producers Federation
  • Advice on multinational joint venture of Japanese and German industrial machinery manufacturers: Counsel to Japanese manufacturer
  • Defense of civil damages claims in AFMS LLC v. United Parcel Service Co. and FedEx Corp., 2:10-cv-05830-JGB-AJW (C.D. Cal.): Counsel for FedEx Corp.
  • Advice on international strategic alliance joint venture between Japan Airlines / American Airlines: Counsel to Japan Airlines
  • Prosecution of civil monopolization claims in Mitsubishi Heavy Indus. v. General Electric Co., No. 5:10-cv-05087 (W.D. Ark.): Counsel to Mitsubishi Heavy Industries
  • Advice on various acquisitions and joint ventures, including FedEx / U.S. Postal Service, FedEx / Kinko’s, FedEx / TowerGroup, FedEx / Watkins Motor Lines, and FedEx / GENCO Distribution: Counsel to Federal Express Corp.
  • Defense of DOJ and EC investigations and civil damages claims in In re Air Cargo Shipping Services Antitrust Litigation, MDL-1775 (E.D.N.Y.) and In re Transpacific Passenger Air Transportation Antitrust Litigation, MDL-1912 (N.D. Cal.): Counsel to Japan Airlines
  • Advice re civil damages claims in In re Southeastern Milk Antitrust Litigation, MDL-1899 (E.D. Tenn.): Counsel to Maryland & Virginia Milk Producers Association, Inc.
  • Advice on sale of business line in Rockwood Holdings / Elementis: Counsel to Elementis, Inc.

Noteworthy

  • Chambers USA, Antitrust (DC), 2009-2015
  • Best Lawyers in America, Antitrust Law, 2015-2016
  • Washington, DC Super Lawyers, Antitrust Litigation,  2007, 2013-2015
  • 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 

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Selected Publications

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Professional Affiliations

  • Antitrust Section, American Bar Association
  • International Law and Practice, American Bar Association
  • US Advisor, International Competition Network
  • Maryland Bar Association