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Elaine Johnston

Partner, Co-Head Antitrust

New York

Elaine Johnston

Partner, Co-Head Antitrust

New York

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.

News & insights

Glass building

News: 29 NOVEMBER 2021

Allen & Overy advises Ørsted in purchase of 302 MW onshore wind farm

Allen & Overy advised Ørsted in the acquisition of Lincoln Land Wind, a 302 MW onshore wind farm in Morgan County, Illinois, from Ares Management. This transaction also includes the acquisitions of…

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Modern office buildings against a blue sky

Publications: 24 NOVEMBER 2021

Overview of the Hart-Scott-Rodino Annual Report for Fiscal Year 2020

Pandemic-induced lull in M&A activity drove down the number of reportable transactions by 21.6% in FY2020, though preliminary monthly figures for FY2021 have quickly climbed and surpassed pre-pandemic…

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A gas extraction plant

Publications: 19 NOVEMBER 2021

President Biden directs U.S. Federal Trade Commission to investigate oil and gas markets

On Wednesday, in a letter to U.S. Federal Trade Commission (FTC) Chair Lina Khan, U.S. President Joe Biden urged the FTC to investigate potential anticompetitive conduct in the oil and gas industry.

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People standing on stairs talking

News: 06 OCTOBER 2021

Global antitrust partners recognised in Global Competition Review’s Women in Antitrust 2021

Elaine Johnston and Marta Sendrowicz, partners in our global antitrust team, are singled out for their experience and achievements in Global Competition Review’s recently published Women in Antitrust…

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Office

New York

Allen & Overy LLP
1221 Avenue of the Americas
New York
NY 10020

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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