Elaine Ewing’s practice focuses on all areas of antitrust law, including merger reviews by the U.S. Federal Trade Commission (FTC), U.S. Department of Justice (DOJ), and foreign authorities; civil antitrust litigation; criminal and civil antitrust investigations; and antitrust counseling.
She frequently lectures and writes about antitrust issues. Notably, her 2014 co-authored article, “Divergence Then and Now: What Does the U.S./EU Experience Tell Us About Convergence With MOFCOM?,” was selected as the winner of the Academic/Asia category for the Institute of Competition Law Antitrust Writing Awards.
Elaine joined the firm in 2007 and became a partner in 2016.
The Dow Chemical Company in numerous transactions, including its announced $130 billion all-stock merger of equals with DuPont and its $5 billion agreement to separate a significant portion of its chlorine value chain and merge that new entity with Olin Corporation, as well as its previous $18.8 billion acquisition of Rohm and Haas.
Medtronic in its $49.9 billion acquisition of Covidien, cleared globally less than six months after announcement.
The Coca-Cola Company in numerous transactions, including its recent $2.15 billion acquisition of a 16.7% equity stake in Monster Beverage Corp. and its $1.2 billion acquisition of a 10% 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.
Air Liquide in its announced $13.4 billion acquisition of Airgas, which will create the world’s largest supplier of industrial gases.
Google in several transactions, including 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.
Western Digital in its $4.8 billion acquisition of Hitachi’s hard drive business.
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.
Litigation and Investigations
Keurig 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. This decision was recently upheld by the Second Circuit.
W.L. Gore & Associates in obtaining the closure (with no action taken) of its 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 automotive parts manufacturer in an investigation by the U.S. DOJ into possible price-fixing.
A major technology company in obtaining successful closure (with no action taken) of non-public FTC investigation into its business practices.
- 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
- 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.