Elaine Ewing’s practice focuses on all areas of antitrust law, including merger reviews by the U.S. Federal Trade Commission, U.S. Department of Justice, and foreign authorities; civil antitrust litigation; criminal and civil antitrust investigations; and antitrust counseling.

She frequently lectures and writes about antitrust issues.

Elaine joined the firm in 2007 and became a partner in 2016.

Notable Experience

Merger Clearance

  • Google in several transactions, including its $2.1 billion acquisition of Fitbit, its $12.5 billion acquisition of Motorola Mobility, its subsequent sale of Motorola Mobility’s mobile devices business to Lenovo, and its previous acquisition of Admeld.

  • The Dow Chemical Company in its $130 billion merger of equals with DuPont, one of the largest and most complex international antitrust transactions ever completed; in its $5 billion agreement to separate a significant portion of its chlorine value chain and merge that new entity with Olin Corporation; and in its previous $18.8 billion acquisition of Rohm and Haas.

  • Thales in its €4.6 billion offer for Gemalto.

  • LATAM Airlines Group in its $1.9 billion strategic partnership with Delta.

  • Air Liquide in its $13.4 billion acquisition of Airgas, which created the world’s largest supplier of industrial gases.

  • Abbott Laboratories in its $25 billion acquisition of St. Jude Medical.

  • Commercial Metals Company in its $600 million acquisition of 33 U.S. rebar fabrication facilities and four steel mills from Gerdau S.A. The transaction combined two of the three largest rebar producers in the U.S.

  • The Coca-Cola Company in numerous transactions, including its $2.15 billion acquisition of a 16.7 percent equity stake in Monster Beverage Corp. and its $1.2 billion acquisition of a 10 percent equity stake in Keurig Green Mountain, as well as its previous $12.3 billion acquisition of the North American bottling operations of Coca-Cola Enterprises.

  • Medtronic in its $49.9 billion acquisition of Covidien, cleared globally less than six months after announcement.

  • Western Digital in its $4.8 billion acquisition of Hitachi’s hard drive business.

  • Stanley Black & Decker in its $690 million acquisition of International Equipment Solutions Attachments Group.

  • SUPERVALU in multiple transactions, including in its acquisition by United Natural Foods for approximately $2.9 billion, its $375 million acquisition of Unified Grocers and its $193 million acquisition of Associated Grocers of Florida.

  • Dollar Thrifty in its $2.3 billion acquisition by Hertz and through past competing offers by Hertz and Avis.

  • Platform Specialty Products in its $2.3 billion public takeover of Alent, a UK-based maker of specialty chemicals.

  • Vitro, the leading glass manufacturer in Mexico, in the $2.15 billion sale of its food and beverage glass containers business to Owens-Illinois, Inc.

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Litigation and Investigations

  • Keurig Green Mountain in monopolization litigation brought by competitors and purported class action plaintiffs, including successfully defending against a preliminary injunction seeking to block the launch of Keurig’s 2.0 coffee brewer in a decision that was upheld by the Second Circuit.

  • Automotive parts manufacturer Aisin Seiki in an investigation by the U.S. Department of Justice into possible price-fixing.

  • W.L. Gore & Associates in obtaining the closure (with no action taken) of an FTC investigation into whether Gore’s business practices restricted competition in waterproof and breathable fabrics in violation of Section 5 of the FTC Act.

  • Whirlpool and Brazilian subsidiary Embraco in global cartel investigations into the refrigeration compressor industry. Also advised Whirlpool in related U.S. class actions and other antitrust litigation, including a successful Sixth Circuit appeal.

  • A major technology company in obtaining successful closure (with no action taken) of non-public FTC investigation into its business practices.

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Publications

2021: “The ‘Twenty-First Century Antitrust Act’ Raises the Risks of Doing Business in New York,” Cleary Gottlieb Alert Memorandum

2021: “U.S. and EU Antitrust: Expect Robust Enforcement in 2021,” Selected Issues for Boards of Directors in 2021

2020: “U.S. Agencies Publish Final Revised Vertical Merger Guidelines,” Cleary Gottlieb Alert Memorandum 

2020: “Avoiding or Defeating Potential Antitrust and Other Civil Suits Relating to Anti-Price Gouging Laws,” Cleary Gottlieb Alert Memorandum 

2016: "Too Many Gatekeepers? The Costs of Globalized Merger Control," Antitrust in Emerging and Developing Countries: Africa, Brazil, China, India, Mexico . . ., 2nd edition

2015: "Cartel Leniency Programs: Caveats and Costs," Competition Law & Policy Debate

2014: "Divergence Then and Now: What Does the U.S./EU Experience Tell Us About Convergence with MOFCOM," William E. Kovacic: An Antitrust Tribute – Volume II

2013: "Be Careful What You Wish For: U.S. Government Enforcement of Merger Consent Decrees," The Antitrust Bulletin

Events

April 28, 2021
A Guide to Remedying Canada/U.S. Cross-Border Mergers

November 12, 2019
GCR Live 3rd Annual Women in Antitrust

November 14, 2018
ABA’s Yes, But . . . Asserting Affirmative Defenses in Merger Litigation

June 7, 2018
GCR Live 6th Annual Conference

May 31, 2018
Antitrust in the Amazon World

February 15, 2018
M&A, Antitrust and the Board Room in 2018: Challenges and Conundrums for the West Coast

November 16, 2017
ABA’s 2017 Antitrust Fall Forum

September 11, 2017
Concurrences Law Journal and George Washington University Law School: What Is Trump Antitrust?

March 29, 2017
“Regulating by Consent – Fairness for All?” a panel discussion at the ABA Antitrust Law 2017 Spring Meeting.

March 9, 2017
“The Health Insurance Mergers: Implications for Merger Law and the Health Care Industry,” as part of the Insurance and Financial Services and Mergers Committees of the ABA Antitrust Section program.

February 22, 2017
"Corporate Counseling Monthly Update," the ABA’s Corporate Counseling Committee February antitrust update for in-house counsel.

September 19, 2016
"120 Merger Regimes: Multinational Deals in a World of Non-Convergence," organized by Concurrences law journal and George Washington University Law School.

May 10, 2016
The Capitol Forum Interview Series with Elaine Ewing

October 22, 2015
"Crimes Without Borders: Increasing Cooperation in White Collar Enforcement," as part of the ABA Section of International Law 2015 Fall Meeting.

October 14, 2015
"Antitrust and Competition Law Considerations –Devising Antitrust Strategies in M&A Transactions and Coordinating Global Reporting Obligations,” as part of the CBI’s Mergers & Acquisitions and Strategic Alliances in Life Sciences conference.