Eric Ashby II is an associate in Crowell & Moring’s Washington, D.C. office and is a member of the firm’s Antitrust & Competition and Government Contracts groups. Eric represents clients on a range of antitrust matters including civil litigation, mergers and acquisitions, and government investigations. He represents government contractors in both counseling and litigation, including procurement ethics and compliance, as well as civil and criminal matters.
Representative Matters
- Defending a global hospitality company in a class action litigation and related lawsuit involving an alleged conspiracy to eliminate competition for branded keyword search advertising.
- Representing a multi-state integrated health system in its proposed acquisition of a large regional referral hospital.
- Advising a major cloud computing company on structuring its public sector agreements consistent with industry standards.
- Represented a private equity firm and its portfolio companies in obtaining clearance from the FTC of multiple acquisitions, including in an area subject to a Prior Notice requirement.
- Represented a Fortune 25 corporation in a grand jury investigation into price fixing and market allocation in the generic pharmaceutical industry.
- Represented a government contractor in connection with a bribery, bid rigging, and procurement fraud investigation by the Department of Justice.
- Advising clients regarding potential antitrust liability associated with horizontal and vertical conduct in the hospitality, chemicals, aerospace and defense, and veterinary health care services industries.
- Drafted training materials for clients on antitrust compliance in public procurement.
Eric maintains an active pro bono practice. Recent pro bono matters include:
- Representation of a domestic violence victim in a landlord-tenant dispute in District of Columbia Small Claims Court.
- Representation of family members from El Salvador seeking asylum, Special Immigrant Juvenile Status, and legal permanent residency in the United States.
Eric’s other pro bono interests include LGBTQ-rights advocacy, voting rights, racial justice, veterans affairs, and First Amendment matters.
Eric received his J.D. from the University of Michigan Law School where he was Notes Editor for the Michigan Journal of Environmental & Administrative Law and a recipient of the Certificate of Merit Award for Outstanding Performance in Health Law. During law school he was an extern for the Honorable Cathy Ann Bencivengo in the U.S. District Court for the Southern District of California. Eric also volunteered with the Central Florida Gay & Lesbian Law Association where he drafted a model ordinance for Florida localities banning the practice of conversion therapy.
Eric graduated phi beta kappa from the University of Oregon with a B.S. in Political Science. During college he interned for U.S. Congressman Peter DeFazio, working primarily on military and veterans affairs. Eric is a military veteran who served in the United States Air Force where he earned the Humanitarian Service Medal for disaster relief efforts.
Affiliations
Admitted to practice: California, District of Columbia
Professional Activities and Memberships
- Board of Directors, LGBT Bar Association of DC
- Member, American Bar Association, Antitrust Section
- Member, American Bar Association, Litigation Section
Publications
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"Antitrust Division Praises Early Success And Heralds New Endeavors For Procurement Collusion Strike Force," Westlaw
(April 16, 2021).
Authors: Alexis Victoria DeBernardis, and Eric Ashby II.
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"Illumina/PacBio: Killing A Killer Acquisition, Or The Birth Of Nascent Competition Enforcement?" GCR
(January 22, 2020).
Authors: Alexis J. Gilman, Sean-Paul Brankin, Olivier N. Antoine, Evi Mattioli and Eric Ashby.
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"A Fair Rate Of Return Is Required When States Set Prices," Law360
(December 18, 2017).
Authors: Trevor Burrus and Eric Ashby.
Client Alerts & Newsletters
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"GSA Bid Rigging Case Nets Another Guilty Plea,"
Antitrust Law Alert
(April 9, 2021).
Contacts: Alexis Victoria DeBernardis, Eric Ashby II, Megan L. Wolf, Shawn R. Johnson, Daniel L. Zelenko
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"Antitrust Division Praises Early Success and Heralds New Endeavors for Procurement Collusion Strike Force,"
Antitrust Law Alert
(March 25, 2021).
Contacts: Alexis Victoria DeBernardis, Eric Ashby II
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"DOJ's Procurement Collusion Strike Force Amps Up Its Enforcement Ranks,"
Antitrust Law Alert
(November 13, 2020).
Contacts: Megan L. Wolf, Daniel L. Zelenko, Gail D. Zirkelbach, Alexis Victoria DeBernardis, Eric Ashby II
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"Antitrust Division Update Affirms Continued Efforts of Procurement Collusion Strike Force,"
Antitrust Law Alert
(June 24, 2020).
Contacts: Daniel L. Zelenko, Gail D. Zirkelbach, Alexis Victoria DeBernardis, Eric Ashby II
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"AAG Delrahim Touts Success of DOJ’s Procurement Collusion Strike Force on International Stage,"
Antitrust Law Alert
(June 17, 2020).
Contacts: Gail D. Zirkelbach, Alexis Victoria DeBernardis, Eric Ashby II
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"With $100 Million Fine in Oncology Market Allocation Case, DOJ Sets its Sights on Anticompetitive Conduct Among Specialty Providers,"
Antitrust Law Alert
(May 5, 2020).
Contacts: Megan L. Wolf, Daniel L. Zelenko, Eric Ashby II
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"WMATA OIG Announces Partnership with the U.S. Department of Justice’s Procurement Collusion Strike Force,"
Government Contracts Bullet Points
(February 20, 2020).
Contacts: Shawn R. Johnson, Alexis Victoria DeBernardis, Eric Ashby II