Elaine Johnston
Partner, Co-Head Antitrust
New York
Elaine Johnston
Partner, Co-Head Antitrust
New York
Contact Details
Elaine is the head of Allen & Overy LLP's U.S. antitrust practice and co-head of the global antitrust practice. She has handled matters in a wide range of industries, including chemicals, pharmaceuticals and healthcare, oil and gas, engineering, banking and financial services, agricultural products, and vitamins. She has been featured in Chambers USA, BTI Client Service All-Stars, PLC Which Lawyer?, The International Who’s Who of Competition Lawyers, Euromoney’s Guide to the World’s Leading Competition and Antitrust Lawyers, and Global Competition Review's Women in Antitrust 2016.
Elaine has an active practice before the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) representing merging parties in connection with mergers, acquisitions and joint ventures, as well as companies in non-merger investigations, and she is particularly experienced in coordinating U.S., European, and other foreign antitrust clearances on complex cross-border deals. Elaine also has an active antitrust litigation practice including representing the Belarusian Potash Company, Experian, Mercuria, and Saudi Aramco. In addition, she regularly advises companies on business conduct, including worldwide distribution and licensing arrangements, patent pools, information exchanges and benchmarking.
Elaine is a member of the American Bar Association (Antitrust section) and the New York State Bar Association (Vice-Chair, Antitrust Law section). She is also a former member of the editorial board of the ABA’s Competition Laws Outside the United States, a former associate editor of the Antitrust Law Journal, and a former member of the Antitrust and Trade Regulation Committee of the Association of the Bar of the City of New York. She is a frequent speaker at antitrust conferences and seminars.
Expertise
Practices
Sectors
Qualifications
Professional
Admitted: Bar of the State of New York, 1988
Admitted: United States District Courts
Southern District of New York, 1995
Eastern District of New York, 1995
Admitted: Court of Appeals for the Fifth Circuit, 2009
Academic
LL.M., University of Michigan Law School, Fulbright Scholar, 1987
M.A., Cambridge University, 1984
B.A. honors, Clare College Cambridge, 1980
News & insights
Publications: 04 AUGUST 2021
Progressive antitrust agenda gains momentum under Biden administration
With its recent executive order on competition law and the nominations of Jonathan Kanter and Lina Khan to lead the DOJ Antitrust Division and Federal Trade Commission, respectively, the Biden…
Read more
News: 29 JUNE 2021
The appointment of Lina Khan as Chairperson of the Federal Trade Commission is the latest in a series of developments – including investigations, legislative proposals for overhauls large and small,…
Read more
Publications: 01 JUNE 2021
The importance of lesbian visibility – a conversation with two A&O partners
Elaine Johnston and Nikki Johnstone, discuss the importance of visible role models, coming out and being yourself. Nikki joined A&O’s partnership on 1 May 2021 and was the first openly lesbian partner…
Read more
Publications: 30 APRIL 2021
Supreme Court deprives FTC of key enforcement tool
On April 22, in AMG Capital Management v. FTC, the Supreme Court unanimously struck down one of the Federal Trade Commission’s key enforcement tools.
Read more
Expertise
Practices
Sectors
Qualifications
Professional
Admitted: Bar of the State of New York, 1988
Admitted: United States District Courts
Southern District of New York, 1995
Eastern District of New York, 1995
Admitted: Court of Appeals for the Fifth Circuit, 2009
Academic
LL.M., University of Michigan Law School, Fulbright Scholar, 1987
M.A., Cambridge University, 1984
B.A. honors, Clare College Cambridge, 1980
Published work
- Co-author, 'Antitrust Aspects of Settling Intellectual Property Litigation,' Intellectual Property Antitrust 2006, published by the Practising Law Institute, 2006, republished in The Licensing Journal Volume 26 Number 8, September 2006, with Matthew J. Galvin.
- 'Antitrust Liability for Acts and Omissions in Dealing with Government Entities,' Intellectual Property Antitrust 2005, published by the Practising Law Institute, 2005.
- 'Intellectual Property as an 'Essential Facility,'' Intellectual Property Antitrust 2004, published by the Practising Law Institute, 2004, republished in The Computer & Internet Lawyer, February 2005.
- Co-author, 'Contrast or Convergence? The IP Guidelines and the New EU Technology Transfer Block Exemption,' Antitrust Magazine, Spring 1995, with Ronald W. Davis.
- 'Dual Representation in Antitrust Investigations,' Antitrust Law in New York State, published by the New York State Bar Association, 1995.
- Contributor, Bellamy & Child, Common Market Law of Competition, Fourth Edition (Sweet & Maxwell 1993); responsible for section on intellectual property licensing.
- Co-author, 'Antitrust Aspects of Reverse Engineering,' Intellectual Property Antitrust 1993, published by the Practising Law Institute, 1993, with David Bender.
Recognition
Elaine Johnston is ‘a highly experienced lawyer who is always great to work with’ and is ‘absolutely excellent for merger work.
WHO’S WHO LEGAL COMPETITION 2020
Elaine is smart as a whip, commercial, practical, offers practical advice, and is very pleasant to work with.
Chambers USA 2020, Antitrust: New York
Elaine is a leading expert in antitrust law. She has made an effort to develop a thorough understanding of our business and provides practical, actionable advice.
Chambers USA 2020, Antitrust: New York
Peers and clients say, ‘She is a very capable competition specialist.
WHO’S WHO LEGAL COMPETITION 2020
