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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.

  • 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).
  • 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 (2016-2020)
  • Washington DC Super Lawyers, Antitrust Litigation (2013-2020)