Covington & Burling (Washington)

Derek Ludwin

Covington & Burling (Washington)

Derek Ludwin is partner and co-chair of Covington’s Antitrust Litigation Practice Group based in Washington D.C. He advises clients around the world on high-stakes antitrust litigation, transactions, licensing, and compliance issues. Mr. Ludwin has significant experience helping clients successfully navigate complex, multi-district litigations and challenging investigations, and has built a record of achieving positive outcomes. He regularly represents the National Football League, as well as leading businesses in a variety of industries.


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Covington & Burling (Washington)


3174 Bulletin

Thomas O. Barnett, Anne Y. Lee, Terrell McSweeny, Timothy C. Hester, Derek Ludwin, Ross A. Demain, Ryan K. Quillian, James R. Dean Jr., James J. O’Connell The US FTC and DOJ introduce a new set of merger guidelines which lowers the merger thresholds and introduces a presumption of illegality for certain vertical mergers


On July 19, 2023, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (collectively, “the Agencies”) issued a new set of merger guidelines in draft form for public comment (the “Draft Guidelines”). The Draft Guidelines, if adopted, will replace the (...)

Steven E. Fagell, Thomas O. Barnett, Anne Y. Lee, Phillip H. Warren, Derek Ludwin, Ross A. Demain The US DoJ indicts the former owner of a healthcare staffing company for colluding to reduce employee wages (Neeraj Jindal)


On December 10th, the Antitrust Division of the U.S. Department of Justice announced its first criminal indictment targeting an alleged conspiracy to reduce employee wages. The DOJ charged the former owner of a therapist staffing company with conspiring to reduce pay rates for healthcare (...)

Kathryn Cahoy, Thomas O. Barnett, Anne Y. Lee, Derek Ludwin The US DoJ and FTC cautions companies against engaging in collusive conduct that impacts workers during the Covid-19 pandemic


The Department of Justice Antitrust Division and the Federal Trade Commission’s Bureau of Competition issued another reminder yesterday that the COVID-19 pandemic does not exempt companies from complying with federal antitrust laws. The agencies’ latest statement focuses on the labor force and (...)

Thomas O. Barnett, Beth Brinkmann, Derek Ludwin The US Supreme Court holds that the claims of consumers purchasing apps from a Big Tech app store may proceed as they are direct purchasers of the Big Tech company (Apple / Pepper)


This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Appellate and Supreme Court On May 13, 2019, the Supreme Court (“the Court”) announced its 5-4 decision in Apple, Inc. v. Pepper, permitting iPhone users to (...)

Johan Ysewyn, Peter Camesasca, Andrea Zulli, Alexander Leitch, Robert D. Wick, Derek Ludwin, Anita F. Stork The EU Court of Justice rules on the expansion of jurisdiction to impose fines based on foreign sales of cartelized components (Innolux)


On July 9, 2015, the EU’s top court, the EU Court of Justice (CJEU), rendered its long-awaited ruling in the Innolux - LCD cartel appeal. The Innolux case is effectively the EU counterpart of the U.S. Motorola litigation in that it concerns fundamental issues of antitrust jurisdiction over (...)

Peter Camesasca, Johan Ysewyn, Laurie-Anne Grelier, Phillip H. Warren, Michael J. Fanelli, Derek Ludwin The EU Court of Justice confirms that the exchange of sensitive information could constitute a cartel (Dole Food)


In an important ruling rendered March 19, 2015 in the Bananas case, the EU’s top court definitively upheld the EU Commission’s expansive view of cartel conduct and held that no “fix” (as in agreement) is needed for the EU to conclude that cartel activities have occurred. It is no secret that (...)

Thomas O. Barnett, Deborah Garza, Derek Ludwin, James J. O’Connell, Alan M. Wiseman The US Court of Appeals for the Seventh Circuit rules that a foreign anticompetitive conduct may be subject to US antitrust laws (Minn-Chem / Agrium)


Yesterday, the influential Court of Appeals for the Seventh Circuit, sitting en banc, held that foreign anticompetitive conduct can be regulated by U.S. antitrust law if it has “a reasonably proximate causal nexus” with an injury to a U.S. purchaser. The Seventh Circuit explicitly rejected the (...)


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