• World Association of Icehockey Players Unions North America Division v. National Hockey League. Ethan is co-lead counsel for plaintiffs in a litigation pending in the Southern District of New York challenging anticompetitive conduct in major junior hockey.
• In re Generic Pharmaceuticals Antitrust Litigation. Ethan is lead counsel for CVS Pharmacy Inc. in a multidistrict litigation pending in the Eastern District of Pennsylvania in connection with its claim regarding defendants’ alleged anticompetitive behavior concerning the sale of hundreds of generic pharmaceuticals.
• LKQ Corp. v. Overall Parts Solutions. Ethan is co-lead counsel for LKQ in a litigation pending in Delaware Court of Chancery concerning the alleged misuse of LKQ’s confidential data by the defendant for the benefit of LKQ’s OEM competitors.
• Altanovo Domains No. 3 Limited v. ICANN. Ethan is co-lead counsel for Altanovo (previously Afilias) in connection with a pending and prior Independent Review Process administered by the International Centre for Dispute Resolution regarding the ICANN auction of the generic top-level domain .web.
• William Morris Endeavor Entertainment, LLC v. Writers Guild of America West Inc. Ethan was co-lead counsel for the Writers Guild of America in a landmark and successful litigation against the three leading Hollywood talent agencies for fixing the price of packaging fees. He also defended the guild against claims that adoption of its Agency Code of Conduct constituted a group boycott.

   

• In re Platinum and Palladium Antitrust Litigation. Ethan was lead counsel for the London Platinum and Palladium Fixing Co. in its successful dismissal of a class action lawsuit concerning alleged manipulation of the prices of platinum and palladium.

   

• Utah Newspaper Project dba Citizens for Two Voices v. Deseret News Publishing Company and Kearns-Tribune, LLC. Ethan served as co-lead counsel for the owners of the Salt Lake Tribune in its successful dismissal of antitrust claims challenging the restructuring of its joint operating agreement with the Deseret News.

   

• In re LIBOR-Based Financial Instruments Antitrust Litigation. Ethan was co-lead counsel for WestLB in a multidistrict litigation concerning its successful defense of claims regarding alleged collusive manipulation of the U.S. dollar LIBOR rate.

   

• Merger investigations. Ethan has been lead counsel for dozens of successful merging parties in premerger investigations across various industries conducted by the Federal Trade Commission, the Department of Justice and the European Commission.

   

• Grand jury investigations. Ethan has served as lead counsel for more than a dozen companies and individuals targeted by the federal government in connection with multiple DOJ criminal investigations of alleged anticompetitive conduct in various industries.

Bar Admissions

New York

Solicitor, England and Wales (inactive)

Supreme Court of the United States

Second Circuit Court of Appeals

Southern District of New York

Eastern District of New York

Education

Georgetown University Law Center, J.D., cum laude, CPP Editor-in-Chief, Georgetown Law Journal (1998)

Duke University, B.A. (1992)

Chambers USA, Antitrust (2008 to present)

Lawdragon, 500 Leading Litigators in America (2022 to present)

Global Competition Review: WWL Competition (2008 to present)

Super Lawyers, New York Metro (2013 to present)

Ethisphere, Attorneys Who Matter

The Legal 500, Antitrust, Cartel Category

The Practicing Law Company, Antitrust, New York

Competition Law360, Editorial Board, Founding Member

Media Mentions

“NHL hit with antitrust class action over youth league restrictions,” Reuters (2024)

“NHL accused of colluding in junior hockey antitrust suit,” Sportico (2024)

“NHL, Canadian junior leagues sued over ‘atrocious’ contracts,” Toronto Star (2024)

“A reckoning for junior hockey that could change it forever,” National Post (2024)

“WME signs WGA franchise deal, guild wins campaign to reshape talent agency business,” Deadline (2021)

“Talent agencies, writers duel in antitrust flap,” Courthouse News Service (2020)

“Covid response ‘could expose US colleges to antitrust laws,’” Times Higher Education (2020)

“Writers Guild hits back, accuses agents of collusion,” Variety (2019)

Speeches & Events

“Pricing algorithms: Old wine in new bottles?,” Columbia Law School (2018)

“Everything you need to know about New York’s 21st-century antitrust act” (2022)

“Online cartels: Algorithm or collusion?,” Global Competition Review Antitrust Law Leaders Forum (2018)

“Artificial intelligence and the problem of tacit pricing collusion: How are authorities coping with pricing algorithms that are set by machines?,” Conference on Technology and Antitrust (2018)

“Ethical and strategic issues in immunity applications,” BLG Competition/Antitrust Developments Seminar (2017)

“Does antitrust law need to innovate to stay relevant in the 21st century?,” American Bar Association annual meeting (2017)

“Pretrial practice seminar,” Practising Law Institute (2017)

“Has antitrust failed?,” New York State Bar Association annual meeting (2017)

“Bid-rigging without borders: What’s next in international cartel investigations?,” ABA Section of International Law fall meeting (2016)

“Watch out below! Avoiding ethical pitfalls in class action litigation,” New York State Bar Association annual meeting (2016)

“Comity in practice: Resolving conflicting notions of privilege, privacy and jurisdiction in an era of global cartel enforcement,” ABA Section of International Law spring meeting (2015)

“The economics of contracts that reference rivals,” Global Competition Review Law Leaders Forum (2014)

“Conducting an audit and developing a critical action plan: Effective compliance tools for cross border regulation,” ABA Section of International Law and New York County Lawyers Association (2013)

“Cooperating antitrust agencies: Strategies for managing multijurisdictional disclosure,” ABA Section of International Law (2013)

“Solving the collective redress conundrum, class action landscape: Yesterday, today and tomorrow, perspectives in law and economics” (2013)

“Merger control notification and review procedures,” delegation of the National People’s Congress of China, U.S. Department of Commerce (2010)

“The future of U.S. antitrust: Do landmark changes portend a turbulent future?,” ABA Section of International Law (2010)

“Parental liability under US law,” ABA Section of International Law spring meeting (2009)

“The culture of cartels,” ABA Section of Antitrust Law (2009)

“Responding to government inquiries in antitrust M&A situations,” ReedLogic Video Leadership Seminar (2008)

“Multijurisdictional premerger notification: Where to start and how to avoid pitfalls,” Washington D.C. Bar Association (2007)

 Professional Associations

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)

“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)

“Duke settles class action alleging ‘no-poach’ conspiracy with UNC,” Antitrust Today (2019)

“5 things to know about new DOJ-FTC int’l antitrust guide,” Competition Law360 (2017)

“FTC/DOJ release proposed update to international enforcement guidelines: 14 important questions,” Dechert (2016)

“The third way: The constitutional imperative of allowing foreign nationals to seek to dismiss indictments prior to arraignment,” Concurrences (2016)

“The essentials of merger review,” (co-editor), American Bar Association Section of International Law (2013)

“The shifting sands of limited liability principles,” Competition Law360 (2010)

“Time to rebuild the Illinois brick wall,” Bloomberg Law Reports (2010)

“Recent enforcement activities of the US antitrust agencies,” Global Competition Review (2009)

“Antitrust developments in the media and entertainment industries,” Global Competition Review (2007)

“Courts and agencies refine US antitrust law,” International Financial Law Review (2004)

“Two comments on EC merger control reform: Is fast track judicial review enough?,” International Antitrust Law & Policy, Fordham Competition Law Institute (2002)

“Negotiating merger remedies: The US enforcement agencies’ more demanding approach,” Global Competition Review (2001)