Ken Ewing defends companies and individuals in US and multijurisdictional 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. He also handles class action and other civil antitrust suits in US courts. Ken’s 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.
Ken 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.
- District of Columbia
- Hon. Paul V. Niemeyer, US Court of Appeals, Fourth Circuit, 1991-1992
- J.D., University of Michigan Law School, 1991, cum laude, Contributing Editor, Michigan Law Review, Winner of the 1991 Hessel Yntema Award
- B.A., Yale University, 1987, cum laude
Areas of Practice
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.
"The 2d Cir.'s Apple E-Books Decision: Debating the Merits and the Meaning," ABA Section of Antitrust Law, July 16, 2015
"Protecting Your Client in an Era of Global Enforcement," 2015 Asia Forum - Tokyo, March 3, 2015
News & Publications
April 29, 2019
April 19, 2019
August 15, 2018
May 30, 2018
May 3, 2018
April 23, 2018
August 15, 2017
June 7, 2017
April 24, 2017
Seminars & Events
September 15, 2017
2 Chome-7-2 Marunouchi
April 28, 2016
January 21, 2016
Speaker: Kenneth P. Ewing
Seminars & Events
April 8, 2015
Speaker: Kenneth P. Ewing
Ark Hills Club
37F East Wing, ARK Mori Building,1-12-32
Akasaka, Minato-ku, Tokyo
- Best Lawyers in America, Antitrust Law (2015-2019)
- Legal 500 US, Antitrust: Cartel (2018)
- Chambers USA, Antitrust, DC (2009-2019)
- Super Lawyers, Washington, DC, Antitrust Litigation (2007, 2013-2019)
- Euromoney's Expert Guide to the World's Leading Competition and Antitrust Lawyers/Economists (2010, 2017)
- National Law Journal, "Trailblazers in Antitrust" (2016)
- The International Who’s Who of Business Lawyers, Competition (2010, 2013)
- Legal 500 US, Antitrust (2009)
- Advisory Board, MLex
- Antitrust Section, American Bar Association
- International Law and Practice, American Bar Association
- US Advisor, International Competition Network
- Maryland Bar Association