Luke van Houwelingen is a litigator in Crowell & Moring's Washington, D.C. office, where he practices in the Antitrust & Competition Group. Luke represents clients in transportation, health care, and other industries in antitrust and other complex civil litigation and arbitration.
Luke currently represents clients in several major antitrust litigations, including a Class 1 railroad in defense of Sherman Act Section 1 multidistrict litigation alleging a conspiracy to fix fuel surcharges; a major U.S. airline defending Section 1 claims alleging a conspiracy to restrict capacity for domestic air travel; and a large global hospitality company in lawsuits by a putative consumer class and a downstream online travel agency alleging collusion to restrict online keyword search advertising.
Luke is also active in pro bono matters, with an emphasis on disability rights and special education litigation, and has been honored for his pro bono work with Crowell & Moring's George Bailey pro bono award..
Prior to joining Crowell & Moring, Luke clerked for the Honorable Helen G. Berrigan of the United States District Court for the Eastern District of Louisiana.
Representative Matters
- Representing a Class I railroad in defeating class certification on remand from the D.C. Circuit’s opinion vacating the district court’s prior ruling certifying the class, as part of its defense of a multi-district class action antitrust litigation alleging conspiracy to fix fuel surcharge prices.
- Securing summary judgment for Owens & Minor Distribution, Inc., the nation’s largest distributor of medical and surgical supplies, in defense of litigation alleging unlawful tying, bundling, and exclusive dealing under Sherman Act § 1, Clayton Act § 3, and Kansas state law. Luke also represented Owens & Minor in the Tenth Circuit Court of Appeals, which upheld the District of Kansas’s grant of summary judgment for Owens & Minor and its co-defendant, dismissing all claims.
- Obtaining summary judgment for DuPont in defense of antitrust counterclaims brought by Kolon Industries for monopolization and attempted monopolization under Sherman Act Section 2. The Eastern District of Virginia granted summary judgment on the eve of the trial for DuPont and dismissed Kolon's counterclaims with prejudice.
- Securing an arbitration award for a Class I railroad for breach and repudiation of a long-term transportation contract from an owner of coal-fired power plants.
- Securing dismissal with prejudice for an online retailer of putative class action claims brought by "brick-and-mortar" bookstores alleging Sherman Act Sections 1 and 2 violations related to e-books.
- Representing a leading server manufacturer as a plaintiff in DRAM chip price-fixing litigation to recover overcharges caused by an international cartel.
Insights
Speeches & Presentations
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"Business Interruption: Preparing for Future Commercial Disputes," Crowell & Moring Webinar
(May 7, 2020).
Presenters: Mark A. Klapow, John L. Murino, Luke van Houwelingen, and Mara Rose Lieber.
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"Business Disruption in a Pandemic: Planning for Resumed Performance in the Wake of Disruption," Crowell & Moring Webinar
(April 29, 2020).
Presenters: Mark A. Klapow, John L. Murino, Luke van Houwelingen, and Mara Rose Lieber.
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"Business Disruption in a Pandemic: Does COVID-19 Excuse Non-Performance of a Contract," Crowell & Moring Webinar
(April 2, 2020).
Presenters: Renée Delphin-Rodriguez, Mark A. Klapow, and Luke van Houwelingen.
Publications
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"New Litigation Frontiers, Brought to You by COVID," Crowell & Moring's Litigation Forecast 2021
(January 13, 2021).
Contributors: Allyson McKinstry, Luke van Houwelingen, and Chalana Damron
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"Group Purchasing Organizations – Antitrust Issues Checklist," Lexis Practice Advisor
(October 2018).
Authors: Alexis J. Gilman and Luke van Houwelingen.
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"Crafting Robust Force Majeure Clauses," Law360
(March 26, 2018).
Authors: Alan Howard and Luke van Houwelingen.
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"Effective Advocacy Need Not Be Adversarial," Bloomberg BNA Digital Discovery & e-Evidence
(September 25, 2014).
Co-Authors: David D. Cross and Luke Van Houwelingen.
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"Data Law Trends & Developments: E-Discovery, Privacy, Cybersecurity & Information Governance," a Crowell & Moring LLP publication
(June 2014).
Contributors.
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"To Be Or Not To Be Produced—That Is The Question," Crowell & Moring's E-Discovery Law Insights
(April 21, 2014).
Co-Authors: Luke van Houwelingen and David D. Cross.
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"Domestic Arbitration," Chapter 8 of Litigation Management, published by American Lawyer Media's Law Journal Press
(2010).
Co-Authors: George D. Ruttinger, Joseph L. Meadows and Luke van Houwelingen.
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"Selected Administrative Procedure and Practice Topics," American Law of Mining 2d, Ch. 186
(2009 update).
Co-Authors: Tim Means, Kirsten Nathanson and Luke van Houwelingen.
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"Major Supreme Court Victory For Mining Industry Under Clean Water Act," Crowell & Moring Mining Law Monitor, Vol. 25, Issue 1
(Summer 2009).
Author: Luke van Houwelingen.
Client Alerts & Newsletters
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"How to Navigate Supply Chain Disputes in a Pandemic,"
Litigation Alert
(May 19, 2020).
Contacts: Mark A. Klapow, Bryan Brewer, Luke van Houwelingen, Mara Lieber
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"Business Disruption in a Pandemic: Termination or Suspension of Contract Performance?,"
Litigation Alert
(April 27, 2020).
Contacts: John L. Murino, Luke van Houwelingen, Emily Alban
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"Business Interruption and Commercial Contracts: The Anatomy of the Dispute,"
Litigation Alert
(April 22, 2020).
Contacts: Mark A. Klapow, John L. Murino, Luke van Houwelingen, Mara Lieber
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"Business Disruption in a Pandemic: Allocating Limited Supply,"
Litigation Alert
(April 20, 2020).
Contacts: Luke van Houwelingen, Scott L. Winkelman, Helen O. Ogunyanwo
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"Business Disruption and Commercial Contracts (Part 5): Once Force Majeure Is Asserted, What Are Our Rights And Obligations?,"
Litigation Alert
(April 1, 2020).
Contacts: Bryan Brewer, Mark A. Klapow, Luke van Houwelingen, Mara Lieber
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"Business Disruption and Commercial Contracts (Part 4): How To Assert Force Majeure,"
Litigation Alert
(April 1, 2020).
Contacts: Bryan Brewer, Mark A. Klapow, Luke van Houwelingen, Robert B. Kornweiss
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"DOJ and FTC Hold Joint Workshop on Conditional Pricing Practices,"
Antitrust Law Alert
(June 27, 2014).
Contacts: Shawn R. Johnson, Jason C. Murray, Luke van Houwelingen
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"Supreme Court Reverses the Ninth Circuit and Restores Order to Clean Water Act Permitting, Rejecting Reallocation of Permitting Authority Over Discharges of "Fill Material" from Corps of Engineers to EPA,"
Environment & Natural Resources Law Alert
(June 22, 2009).
Contacts: Kirsten L. Nathanson, Luke van Houwelingen
Press Coverage
Firm News & Announcements
| December 18, 2020 |
Global Competition Review Ranks Crowell & Moring’s Antitrust & Competition Group in "GCR 100" |
| January 2, 2020 |
Crowell & Moring Elects Eight New Partners and Promotes Seven to Senior Counsel and 26 to Counsel Positions |
| February 22, 2019 |
Crowell & Moring's Antitrust Group Listed as "Highly Recommended" in Global Competition Review's 19th Annual "GCR 100" |
| October 15, 2018 |
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States |
| October 31, 2017 |
Super Lawyers Recognizes 79 Crowell & Moring Lawyers Across United States |
| October 27, 2017 |
LITIGATION NOTE: Crowell & Moring Wins Denial of Class Certification |
| March 14, 2017 |
Litigation Note: Crowell & Moring Wins Appellate Victory Affirming Summary Judgment on Tying and Exclusive Dealing Case |
| November 30, 2016 |
Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States |
| March 8, 2016 |
Litigation Note: Crowell & Moring Wins Tying and Exclusive Dealing Case on Summary Judgment |
| October 27, 2015 |
Super Lawyers Recognizes 90 Crowell & Moring Attorneys |
| January 22, 2015 |
Crowell & Moring's Antitrust Group Featured in Global Competition Review's 15th Edition "GCR 100" |
| April 8, 2014 |
Crowell & Moring Named Finalist in Global Competition Review's Fourth Annual "GCR Awards" |
| January 14, 2014 |
Crowell & Moring Elects Five New Partners and Promotes Fourteen Associates to Counsel |
| April 6, 2012 |
Crowell & Moring Client DuPont Granted Summary Judgment in Kolon Antitrust Claim |