Ethan Litwin

Practice Areas

Antitrust Litigation; Civil and Criminal Government Investigations; and Merger Control Investigations

Career

Ethan E. Litwin has a broad antitrust practice that focuses on complex antitrust litigation, civil and criminal government investigations and merger control investigations conducted pursuant to the Hart-Scott-Rodino Act and analogous laws across the globe.

During a career spanning more than 25 years, he has litigated numerous high-profile cases in state and federal courts for plaintiffs and defendants, including in multidistrict litigations such as LIBOR, Freight Forwarders, Capacitors and Cathode Ray Tubes. Ethan also acted as co-lead counsel in the Writers Guild of America’s successful litigation against the leading Hollywood talent agencies. Currently, he is lead counsel for a Fortune 5 company in the Generics multidistrict litigation and is co-lead counsel for plaintiffs in World Association of Icehockey Players Unions v. National Hockey League et al.

Ethan has also represented many American and foreign companies and executives targeted in connection with criminal investigations into alleged price fixing of electronic components, auto parts, financial services, transportation services, pharmaceuticals, waste management services and various entertainment products, as well as complainants regarding anticompetitive conduct of his clients’ competitors in many of these same industries.

In the merger control area, Ethan has represented multinational corporations, foreign corporations and leading private equity firms in investigations conducted by the Department of Justice, the Federal Trade Commission and the European Commission.

Ethan’s clients cover a range of industries, including pharmaceuticals, manufacturing, financial services, sports, electronics, media and entertainment, transportation, agriculture, industrial chemicals and information systems.

Ethan is described by Chambers USA as “very impressive at strategy,” and market sources commend his ability to shape “the facts to the best benefit of his clients.” He is a frequent speaker and author on a range of antitrust-related issues, and his works have been published by the American Bar Association and shortlisted for awards by Concurrences.

Professional Memberships

American Bar Foundation

(Fellow)

ABA Section of International Law, International Antitrust Law Committee

(Former Chair)

ABA International Task Force

(Member)

New York State Bar Association, Antitrust Law Section

(Executive Committee)

New York County Lawyers’ Association, Antitrust and Trade Regulation Committee

(Former Chair)

Competition Law360

(Founding Editorial Board Member)

Publications

“A nearsighted approach to product market definition: Court rejects low-cost rival’s antitrust claims alleging Novartis blocked competition in the sale of eye-disease treatments,” Antitrust Today (2022)

“New York’s proposed premerger review program would provide much-needed protection for consumers,” Antitrust Today (2021)

“Brussels on the Hudson: New York imports European merger control,” Antitrust Today (2021)

“Seventh Circuit to determine whether the Sherman Act can mow down drug ‘patent thickets,’” Antitrust Today (2021)

“Antitrust has failed,” Antitrust Today (2021)

Awards