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- Professionals
- Derek Ludwin
Derek Ludwin is co-chair of Covington’s Antitrust Litigation Practice Group and 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.
Recognized by Chambers in the field of antitrust litigation, Mr. Ludwin is recommended for his antitrust litigation and investigation skills, his focus on client interests, his pragmatic approach to favorably and promptly resolving disputes, and his ability to work effectively with both business and in-house legal teams.
Mr. Ludwin is also frequently sought out for guidance when clients are considering significant ventures, licensing arrangements, and other transactions with potential antitrust issues. Clients also rely on him to implement compliance programs, and to provide training to their senior executives and key employees.
- Defending NFL in multi-district class action antitrust challenges to its broadcast distribution arrangements for out-of-market games (In re Sunday Ticket Antitrust Litigation).
- Won summary judgment dismissing a rare set of antitrust claims in a high-profile Section 337 dispute between U.S. Steel and the Chinese steel industry, and ITC affirmance of that decision (In re Certain Carbon Steel Products).
- Successfully represented Discovery, Inc. in its $14.6 billion acquisition of Scripps Networks Interactive. The transaction closed after a “second request” investigation with the DOJ taking no action.
- Won dismissal of an antitrust challenge to the U.S. Olympic Committee’s regulation of athlete advertising and secured Ninth Circuit affirmance of the dismissal (Run Gum v. USOC).
- As counsel to a leading electronics company in multi-district class action “follow-on” antitrust litigations, won summary judgment dismissing $3.5 billion antitrust claim and successfully defended the ruling on appeal. (Motorola Mobility v. AU Optronics et al.)
- Secured favorable resolution of “no-poach” litigation against a major university.
Other Complex Litigation Matters
- Won dismissal of employment-related antitrust claims against the National Football League and its member clubs (Kelsey K. v. NFL).
- Secured a favorable outcome in a class action antitrust challenge to the NFL's trademark licensing arrangements (Dang v. NFL).
- Defeated a class action challenge to NFL ticketing policies (Kazemzadeh v. San Francisco 49ers).
- Won dismissal of a class action antitrust complaint alleging conspiracy to restrain market for “likenesses” of former NFL football players (Washington v. National Football League).
- Defeated an antitrust challenge to the national medical resident matching program on behalf of a group of teaching hospitals and medical schools (Jung v. Administrators of the Tulane Educational Fund).
Other Civil Investigation Matters
- Secured favorable resolution of a multi-state attorney general investigation of a major sports league.
- Defended a major transportation company in a DOJ civil antitrust investigation, which was closed without enforcement action against our client.
- Closed an antitrust investigation of a sanitation and recycling company by the Connecticut State Attorney General with no enforcement action taken.
- Regularly develop successful and cost-effective responses for clients receiving third-party inquiries and subpoenas from federal and state enforcement agencies.
Other Transactional and Counseling Matters
- Led the successful representation of a venture among U.S. media companies in a DOJ civil antitrust inquiry, with no enforcement action taken.
- Advised on antitrust aspects of a digital projection system financing in a transaction that was awarded IDD'S Media Deal of the Year.
- Serve as counsel and business advisor to OCP S.A. of Morocco in connection with ventures, commercial arrangements, and general corporate and governance matters.
- Advise various sports leagues on complex antitrust issues relating to licensing, governance, restructuring, and transactions.
Criminal Antitrust and Cartel
- Represented clients in the “auto-parts” DOJ international cartel investigation.
- Successfully represented a major international manufacturer in international price-fixing cartel investigation, with no action taken by DOJ and other national enforcement agencies.
- Persuaded the DOJ to take no action against an airline executive in Air Cargo investigation.
- Successfully represented one of the largest providers of telecommunications services in Asia in a DOJ criminal antitrust investigation; DOJ closed its grand jury investigation without action.
Pro Bono
- Mr. Ludwin serves as pro bono outside counsel to the Washington Humane Society in its mission to protect animals and prevent cruelty and neglect.
Memberships and Affiliations
- Co-Chair of Committee Operations, ABA Section of Antitrust Law
- Chapter Editor, Antitrust Law Developments (7th edition) and 2012-15 Supplements
Previous Experience
- Legislative Assistant to Congresswoman Zoe Lofgren (responsible for various transportation, juvenile justice, and science-related issues).
May 16, 2019, Covington Alert
On May 13, 2019, the Supreme Court (“the Court”) announced its 5-4 decision in Apple, Inc. v. Pepper, permitting iPhone users to proceed with an antitrust suit against Apple alleging that it monopolized the retail market for iPhone apps.
International Trade Commission Drops US Steel's Antitrust Claims Against Chinese Steelmakers
March 23, 2018, The American Lawyer
Derek Ludwin and James O'Connell are quoted by The American Lawyer in an article examining a decision by the ITC stating that United States Steel cannot bring antitrust claims against 40 Chinese steel manufacturers over alleged price-fixing. Ludwin, who represents Baosteel America with O'Connell and Sturgis Sobin, says that even though Section 337 is not often ...
Covington Successfully Represents Discovery Communications In DOJ Investigation Into Its Acquisition of Scripps Networks
February 27, 2018
WASHINGTON—Covington successfully represented Discovery Communications, Inc. in a U.S. Department of Justice investigation into Discovery’s acquisition of Scripps Networks Interactive. Discovery announced earlier today that the DOJ closed its investigation into the transaction. Discovery announced in July 2017 that it had reached a definitive agreement to ...
Sports Group Of The Year: Covington & Burling
February 5, 2018, Law360
Covington was named a 2017 Sports Practice Group of the Year by Law360. According to Ben Block, one of the most rewarding aspects of the sports group is the opportunity to work with repeat clients. "But," he adds, "every year and every day is a new, different, and exciting challenge." Commenting on the Tax Court victory on behalf of the Boston Bruins in a ...
Sports Group Of The Year: Covington & Burling
February 7, 2017, Law360
Law360 selected Covington’s Sports practice as a “Practice Group of the Year,” profiling the team’s successful representation of the U.S. Olympic Committee (USOC) in an antitrust challenge over its advertising restrictions, involvement in significant deals, and continued representation of the National Football League. Derek Ludwin, commenting on the USOC case, ...
Six Covington Lawyers Named Law360 MVPs
January 3, 2017
WASHINGTON—Law360 has named six Covington lawyers as MVPs in their respective practice areas. The awards single out lawyers from across various practice areas based on their “success in high-stakes litigation, complex global matters, and record-breaking deals.” The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...
Sports MVP: Covington & Burling's Derek Ludwin
December 21, 2016, Law360
Law360 selected Derek Ludwin as a 2016 Sports MVP and profiled his work over the past year, including his defense of the U.S. Olympic Committee against an antitrust challenge to its longtime ban on on-field advertising brought by Olympic runner Nick Symmonds through his company, Run Gum. “This is an organization that a lot of us grew up following. It’s the ...
November 18, 2016, The Litigation Daily
Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by The Litigation Daily for an initial determination at the ITC on behalf of Baosteel in the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim. According to Sobin, the argument was as much about educating the judge about the ...
Covington Honored at GCR Awards 2015
April 20, 2015
WASHINGTON, DC, April 20, 2015 — Global Competition Review has selected matters led by Covington lawyers as winners of two 2015 GCR Awards. Litigation of the Year, Cartel Defense was awarded for the defendants’ win in Motorola Mobility v AU Optronics, et al. Covington partners Robert Wick and Derek Ludwin in Washington, DC, and Jeffrey Davidson in San ...
November 26, 2014
WASHINGTON, DC, November 26, 2014 — The U.S. Court of Appeals for the Seventh Circuit today rejected Motorola Mobility LLC's attempt to hold Samsung Electronics and several other of the world’s largest liquid crystal display manufacturers liable under U.S. antitrust law for allegedly fixing prices of mobile phone displays sold to Motorola’s foreign subsidiaries. ...
U.S. court rejects Motorola Mobility price-fixing appeal
November 26, 2014, Reuters
Robert Wick, Jeffrey Davidson, Derek Ludwin, John Playforth and David Zionts are mentioned in these articles regarding their representation of Samsung. From WSJ: "Robert Wick, a Covington & Burling lawyer who represented the LCD makers, said the court’s ruling meant Motorola would have to assert its claims under foreign law." “The court’s opinion basically ...
Court Revives Samsung Antitrust Suit Against Panasonic
April 4, 2014, The AmLaw Litigation Daily
Timothy Hester, Robert Long, Derek Ludwin and Jonathan Gimblett are mentioned regarding their representation of Samsung.
January 31, 2014
WASHINGTON, DC, January 31, 2014 — Am Law Litigation Daily named Covington & Burling’s Robert Wick as “Co-Litigator of the Week” for his role in securing dismissal of various antitrust claims, valued at more than $3 billion, brought by Motorola Mobility against Samsung Electronics and several other liquid crystal display manufacturers. In a ruling issued on ...
January 24, 2014
WASHINGTON, DC, January 24, 2014 — Covington & Burling scored a major victory for several of the world’s largest liquid crystal display manufacturers by persuading a federal judge in Chicago to dismiss antitrust claims asserted by Motorola Mobility, Inc. U.S. District Judge Joan B. Gottschall of the Northern District of Illinois found that U.S. antitrust law ...
June 28, 2012, Covington E-Alert
Summer 2009, Antitrust
Covington Promotes 12 Lawyers to the Partnership
10/1/2008
WASHINGTON, DC, October 1, 2008 — Covington & Burling LLP today announced that 12 of its lawyers have been elected to the firm’s partnership. These new partners are resident in four of the firm’s offices and practice in the litigation, corporate/tax, and regulatory fields. Timothy Hester, chair of the firm’s management committee, commented: “These young and ...
Covington Secures Victory for NFL in Seventh Circuit
8/19/2008
WASHINGTON, DC, August 19, 2008 — The U.S. Court of Appeals for the Seventh Circuit on August 18 affirmed an unprecedented antitrust ruling granting the NFL member clubs summary judgment on the ground that they constitute a “single entity” whose decisions are essentially immune from challenge under Section 1 of the Sherman Antitrust Act. Covington & Burling LLP ...
Fall 2005, Antitrust
- Recognized by Chambers (Antitrust Litigation)
- Recognized by The Am Law Litigation Daily as one of the "Litigators of the Week" (11/18/2016)
- Law360, Sports MVP (2016)
- GCR Award Winner, Litigation of the Year - Cartel Defence: Counsel to Samsung in Motorola Mobility v. AU Optronics, et al, US (2015)
- Legal 500 US, Antitrust Civil Litigation/Class Actions (2015-2017) and Sports (2015-2017)
- Best Lawyers in America, Litigation - Antitrust (2016-2019)
- Washington DC Super Lawyers, Antitrust Litigation (2013-2019)