Profile details
About Andrew Ewalt
Andy is a partner in our antitrust, competition and trade and dispute resolution practices, based in Washington, DC. Andy focuses on US antitrust litigation and investigations, including both civil and criminal matters.
Before joining Freshfields, Andy served for more than a decade at the Antitrust Division of the US Department of Justice, gaining significant experience investigating and litigating civil and criminal antitrust matters involving a wide variety of industries. As counsel to the Director of Litigation from 2016 to 2018, he worked closely with DOJ leadership in supervising the Division’s civil litigation program during a period of unparalleled activity and success. He also prosecuted criminal cases as a Special Assistant US Attorney for the Eastern District of Virginia from 2010 to 2011.
Earlier in his career, Andy worked in the Washington, DC office of another law firm, where he defended clients in private antitrust litigation and in matters initiated by the Federal Trade Commission and the Antitrust Division.
He began his career as a clerk for the Honorable Stewart Dalzell of the US District Court for the Eastern District of Pennsylvania.
Recent work
Andy’s experience includes advising:
- Google in United States, et al. v. Google LLC (E.D. Va.), and In re Google Advertising Antitrust Litigation (S.D.N.Y.), litigation brought by the Department of Justice, more than 30 state attorneys general, and various class action plaintiffs, alleging violations of Sections 1 and 2 of the Sherman Act in connection with Google’s ad tech business.
- Cengage in winning dismissal of class actions brought by textbook retailers and college students challenging Inclusive Access programs.
- Evonik in defeating the FTC at trial in the agency’s challenge to its proposed acquisition of PeroxyChem, a competing hydrogen peroxide producer. This victory ended the FTC’s seven-trial win streak in litigated merger challenges.
- Novartis on its $5.3bn deal to buy Takeda/Shire’s dry eye disease drug Xiidra.
- On civil antitrust investigations and litigation challenging mergers and alleged anticompetitive conduct.
- On criminal cases involving price fixing, bid rigging, market allocation, fraud, and other offenses*.
- On matters involving many different industries, such as agrochemicals, entertainment, financial services, health care, heavy machinery, insurance, pharmaceuticals, high-education publishing, real estate, software, and telecommunications.*
* Matters handled prior to joining Freshfields.
Qualifications
Education
- JD, Yale Law School, senior editor of the Yale Law Journal, senior editor of the Yale Law & Policy Review
- BA, Emory University, David Potter Scholar, Phi Beta Kappa
Professional
- Vice Chair of the Federal Civil Enforcement Committee of the ABA Antitrust Law Section
- Editorial Board for the American Bar Association’s 2019 Annual Review of Antitrust Law Developments
- Counsel to the Director of Litigation and Trial Attorney in the Antitrust Division of the US Department of Justice (2008-2018)
- Private Practice in Washington, DC (2005-2008)
- Law clerk to the Honorable Stewart Dalzell of the US District Court for the Eastern District of Pennsylvania (2003-2005)
- Admitted to practice in the District of Columbia, Massachusetts and Pennsylvania
- Admitted to practice in the US Supreme Court and numerous US federal circuit and district courts across the United States
Awards and recognition
- Recognized in the 2022 and 2023 editions of Lawdragon 500 Leading Litigators in America – Antitrust Litigation & Investigations
- Attorney General's Distinguished Service Award (2015)
- Assistant Attorney General Awards of Distinction (2015, 2016 and 2017)
- Outstanding Achievement Award from Washington Lawyers' Committee for Civil Rights and Urban Affairs (2008)