Donald C. Klawiter

Mr. Klawiter is a partner in the Antitrust and Trade Regulation practice group in the firm's Washington, D.C. office.

Areas of Practice

Mr. Klawiter’s practice focuses on antitrust investigations and litigation, with special emphasis on international cartel matters. He has defended corporations and executives from six continents in grand jury investigations and prosecutions, including international cartel investigations in the food and feed additives, vitamins, graphite electrode, chemicals, pharmaceuticals, computer products, construction, glass, automotive, transportation, plastics and brokerage industries, and has served as international coordinating counsel in many multijurisdictional proceedings. He also has led internal corporate crisis investigation teams in assessing antitrust risk, determining whether laws were violated, advising corporate boards and audit committees, and formulating plans to resolve any issues consistent with current corporate governance requirements.

Mr. Klawiter has trial experience as both a prosecutor and defense counsel in civil, criminal and merger cases. He has held several senior supervisory and litigation positions with the Antitrust Division of the US Department of Justice, including Chief of the Dallas Field Office and Special Assistant to the Director of Operations of the Antitrust Division in Washington, DC.

Mr. Klawiter served as Chair of the American Bar Association’s Section of Antitrust Law in 2005-2006 and currently serves as Chair of the Section’s International Task Force and International Cartel Working Group. He previously served as Chair-Elect (2004-05), Vice Chair (2003-04), Program Officer (2001-03), Secretary (2000-01) and as Chair of its Criminal Practice and Procedure Committee (1995-97). Mr. Klawiter has been a regular speaker at, and organizer of, antitrust programs in the United States, Canada, England, Germany, Belgium, Italy, Austria, Russia, Turkey, Japan, Australia and South Africa. He was the organizer, program co-chair, and speaker at the ABA Section of Antitrust Law’s International Cartel Workshops, which have been held seven times between 1997 and 2008. He testified before the International Competition Policy Advisory Committee (ICPAC) on International Cartel Investigations (November 1998), twice before the U.S. Sentencing Commission (2005) and before the U.S. Senate Committee on the Judiciary (2006). He is the author of many articles and papers on topics ranging from defense strategy in cartel cases to leniency to antitrust civil remedies.

Mr. Klawiter has been chosen as one of Chambers USA’s "Leading Lawyers" in antitrust every year since 2003. He also has been recognized as one of the "Best Lawyers in America," "Super Lawyers" and "Who’s Who of International Competition Lawyers." Chambers 2008 wrote that Don is "a legend in the area of criminal and cartel investigation work." Chambers 2007 commented that Don's "recent tenure as chair of the ABA’s antitrust section has consolidated his reputation as ‘a household name’ and, according to market sources, broadened his profile considerably. Few can match him as a ‘razor sharp’ expert on cartel investigations."

Education

• J.D., University of Pennsylvania Law School
• M.A., University of Pennsylvania (History), 1972
• B.A., University of Pennsylvania, 1972

Admissions

• District of Columbia, 1987
• US District Court for the District of Columbia, 1987
• US Supreme Court, 1979
• Pennsylvania, 1975
• US Courts of Appeals for the Fourth, Eighth and Ninth Circuits

Cases and Investigations:

The following is a listing of cases and grand jury investigations where we have represented a significant party.  Since several of these matters are not public, we cannot identify the client but will generally describe the industry and the grand jury city.  The investigations are listed in reverse chronological order:

• San Francisco Grand Jury (2009 –     ) (Lead counsel representing non-U.S. corporation in price fixing investigation in the technology sector).
• Washington, DC Grand Jury (2009 –    ) (Lead counsel representing U.S. corporation in price fixing investigation in the technology sector).
• San Francisco Grand Jury (2007 –    ) (Lead counsel representing non-U.S. executive in international price fixing investigation in the technology sector).
• U.S. v. Caleca, et al – Marine Hose Grand Jury (2007 –     ) (Lead counsel representing non-U.S. CEO who was arrested in the U.S. in an international price fixing investigation in the marine hose market and in subsequent class actions).
• New York Grand Jury (2007 –     ) (Lead counsel representing senior executive in bid rigging, SEC and tax investigations in the financial sector).
• New York Grand Jury (2007 –     ) (Lead counsel representing an executive in a bid rigging investigation in the engineering service sector).
• San Francisco Grand Jury (2006) (Special counsel representing U.S. corporation in the chemical sector before the Antitrust Division Front Office regarding the Division's recommendation to indict the corporation; the Antitrust Division declined prosecution of the client).
• U.S. v. Korean Air – Air Cargo Fuel Surcharge Grand Jury (2006 – 2007) (Lead counsel representing non-U.S. corporation in international price fixing investigation in the transportation sector).
• Rockville, IL Grand Jury (2006 – 2008) (Lead counsel representing senior non-U.S. executive in a price fixing investigation in the chemical sector; grand jury closed without action against client).
• Lafayette, LA Grand Jury (2005 –     ) (Lead counsel representing the Board of Directors and the corporation in price fixing and market allocation investigation in the transportation sector and in subsequent class actions).
• Cleveland Grand Jury (2005 – 2007) (Lead counsel representing a corporation in price fixing investigation in the food products sector; grand jury closed without action against client).
• Norfolk Grand Jury (2004 – 2006) (Lead counsel representing senior executive in price fixing investigation in the food sector; grand jury closed without action against client).
• San Francisco Grand Jury (2004 – 2006) (Lead counsel representing senior non-U.S. executive in price fixing investigation in chemical sector; grand jury closed without action against client).
• Honolulu, Hawaii Grand Jury Investigation (2004 – 2006) (Lead counsel representing non-U.S. corporation in an investigation of boycotts and pricing issues in the transportation sector; grand jury closed without action against client).
• Columbus, Ohio Grand Jury Investigation (2003 – 2006) (Lead counsel representing senior executive in price fixing investigation involving industrial chemical products sector; grand jury closed without action against client).
• Newark Grand Jury Investigation (2003 – 2004) (Lead counsel representing ten automobile dealers who were targets of the grand jury investigation in presentations to Antitrust Division Front Office arguing against indictment; grand jury investigation was closed without action).
• San Francisco Grand Jury Investigation (2003 – 2006) (Lead counsel representing senior non-U.S. executive in price fixing investigation of rubber chemicals sector; grand jury closed without action against client).
• San Francisco Grand Jury Investigation (2003 – 2006) (Lead counsel and international coordinating counsel representing non-U.S. corporation and its U.S. subsidiary in a series of investigations of price fixing and territorial allocation of industrial chemical products used in the manufacture of plastics).
• Cleveland Grand Jury Investigation (2002 – 2007) (Lead counsel representing U.S. corporation in price fixing investigation involving home decorating sector; grand jury closed without action against client).
• U.S. v. Alfred P. Consuello – DRAM Grand Jury Investigation (2002 – 2005) (Lead counsel representing senior executives in price fixing and obstruction of justice investigation in the technology sector).
• Alexandria, Virginia Grand Jury Investigation (2002 – 2005) (Lead counsel representing non-U.S. corporation in bid rigging and boycott allegations on U.S. government contracts and government damage litigation in transportation sector).
• U.S. v. Elf Atochem – Industrial Chemical Grand Jury Investigation (2000 – 2002) (Lead counsel representing non-U.S. corporation and its U.S. subsidiary in price fixing and market allocation investigations of industrial chemical sector).
• Dallas Grand Jury Investigation (1999 – 2002) (Lead counsel representing senior executive of a U.S. corporation in price fixing investigation of industrial products; grand jury investigation was closed without action).
• U.S. v. Pfizer – Maltol Grand Jury Investigation (1998 – 2002) (Lead counsel representing non-U.S. corporation and its U.S. division is an international cartel investigation of maltol, a food product, and in subsequent class action litigation, In Re Maltol Antitrust Litigation (S.D. N.Y.)).
• San Francisco Grand Jury Investigation (1998 – 2001) (Lead counsel representing chief executive of U.S. subsidiary of a non-U.S. corporation in an international cartel investigation of bid rigging).
• U.S. v. Degussa-Hüls AG – Vitamins Grand Jury Investigation (1998 – 2004) (Lead counsel and international coordinating counsel representing non-U.S. corporation and its U.S. subsidiary in an international cartel investigation of the vitamin industry and in subsequent class action, direct action and state indirect purchaser litigation consolidated in In Re Vitamins Antitrust Litigation, MDL 1285 (D.D.C.)).
• Methionine class actions, direct action and indirect purchaser litigation (1999 – 2004) (Lead counsel representing non-U.S. corporation and its U.S. subsidiary in the Department of Justice investigation, and civil action In Re Methionine Antitrust Litigation, MDL 1311 (N.D. Cal.), and international coordinating counsel in multijurisdictional investigations).
• U.S. v. UCAR International; U.S.. v. Robert P. Krass – Graphite Electrodes Grand Jury Investigation (1997 – 2002) (Lead counsel representing Robert P. Krass, the former chairman and chief executive of UCAR International, in an international cartel investigation of the graphite electrode industry and in subsequent foreign actions and class action, direct action and indirect purchaser litigation).
• Newark and Detroit Grand Jury Investigations (1997 – 2002) (Lead counsel representing non-U.S. corporation and its U.S. subsidiary in international cartel investigation of price fixing in the food industry; the grand jury was closed without action).
• Detroit Grand Jury Investigation (1997 – 1999) (Lead counsel representing a non-U.S. corporation and its U.S. subsidiary in an investigation of the automotive sector; the grand jury investigation was closed without action).
• U.S. v. Fujisawa, et al – Sodium Gluconate Grand Jury Investigation (San Francisco Grand Jury Investigation) (1997 – 1999) (Lead counsel representing non-U.S. corporation and its U.S. subsidiary and their officials in an international cartel investigation of sodium gluconate market and in subsequent class action litigation, In re Sodium Gluconate Antitrust Litigation, MDL 1226 (N.D. Ca.)).
• U.S. v. Philipp Holzmann AG – USAID Construction Contractor Grand Jury (1996 – 2005) (Lead counsel representing non-U.S. corporation in international cartel investigation of bid rigging on offshore U.S. government projects and lead counsel in follow-on government damage action).
• U.S. v. ADM; U.S. v. Jungbunzlauer; U.S. v. Rainer Bichlbauer –  Citric Acid Grand Jury (1995 – 1998) (Lead counsel representing non-U.S. corporation and its officials in international cartel investigation of critic acid, resulting in corporate and individual plea agreements, and in subsequent class action, direct action and indirect purchaser litigation; In re Citric Acid Antitrust Litigation, MDL 1092 (N.D. Cal.)).
• Detroit Grand Jury Investigation (1995 – 1999) (Lead counsel representing a non-U.S. corporation and its U.S. subsidiary in a grand jury investigation of the building material market; the grand jury investigation was closed without action).
• U.S. v. Plastics Incorporated; U.S. v. James Nurmi – Plastic Dinnerware Grand Jury (1994 – 1996) (Lead counsel representing an individual defendant in an international investigation of the plastic dinnerware market resulting in a plea agreement).
• U.S. v. General Electric – Industrial Diamond Grand Jury (1993 – 1995) (Lead counsel representing a former sales manager for GE in the international cartel investigation of the industrial diamond market).
• U.S. v. Appleton Paper; U.S. v. Kanzaki – Fax Paper Grand Jury (1992 – 1993) (Lead counsel representing the U.S. sales manager of Kanzaki in an international investigation of the fax paper market).

Amnesty/Leniency Representations:

We have qualified for, and obtained, amnesty under the U.S. Department of Justice Amnesty Policy for clients on seven occasions and have also obtained amnesty or immunity in other jurisdictions. 

Honors

• Chambers USA: America’ Leading Lawyers for Business, 2003-2010
• Legal 500 – 2008
• International Who’s Who of Business Lawyers 2008
• International Who’s Who of Competition Lawyers 2002-2010
• Practical Law Company PLC Cross-Border Handbook-Competition 2005-2009
• Superlawyers, Washington, DC 2007-2010
• Best Lawyers in America 2007, 2008, 2009 and 2011
• Best Lawyers in Washington, D.C. 2008 and 2010

Articles

• Sheppard Mullin Snags Mayer Brown Int'l Antitrust Duo, Law360, September 21, 2009

Articles and Papers:

The following articles and papers relate to antitrust criminal issues, unilateral conduct investigations and antitrust class actions.  Copies are available upon request.

• Donald C. Klawiter, Jennifer M. Driscoll-Chippendale, Malika Levarlet, A Window into Washington:  Report on Hearings for S. 1681 and H.R. 3596:  Proposed Legislation to End Health Insurers’ Antitrust Exemption, Sheppard Mullin Antitrust Blog, October 2009.
• Jennifer M. Driscoll-Chippendale, Sixth Circuit Affirms Dismissal of Travel Agent Commission Antitrust Claim, Sheppard Mullin Antitrust Blog, November 10, 2009.
• Donald C. Klawiter and Jennifer M. Driscoll-Chippendale, “Sentencing Individuals in Antitrust Cases:  The Proper Balance,” Antitrust Magazine, Spring 2009, at 75.
• Donald C. Klawiter and Jennifer M. Driscoll-Chippendale, “Antitrust Compliance in the Age of Multi-Jurisdictional Leniency:  New Ideas and New Challenges,”  2009 Antitrust Review of the Americas (Global Competition Review 2008).
• Donald C. Klawiter, “Cartel Enforcement Today:  The Perils of the Economic Downturn, Global Competition Policy,” September 2008.
• Jennifer M. Driscoll Chippendale, It’s a Brave New World for Antitrust Enforcers:  Lessons to be Learned from the International Presentation of the “Marine Hose” Cartel, Mayer Brown Antitrust Competition Review, October 2008.
• Donald C. Klawiter and Jennifer M. Driscoll-Chippendale, “A New Approach to Compliance:  True Corporate Leniency for Executives,” Antitrust Magazine, Summer 2008, at 77.
• Jennifer M. Driscoll, “Standard Setting Policies and the Rule of Reason:  When Does the Shield Become a Sword?” Global Competition Policy, August 2008.
• Donald C. Klawiter, “U.S. Corporate Leniency after the Blockbuster Cartels:  Are We Entering A New Era?,” in Claus-Dieter Ehlermann and Isabela Atanasiu (eds)., European Competition Law Annual 2006:  Enforcement of Prohibition of Cartels, 2007.
• Donald C. Klawiter and J. Clayton Everett, “The Legacy of Stolt-Nielsen:  A New Approach to The Corporate Leniency Program?,” The ABA Antitrust Source, December 2006.
• Donald C. Klawiter, “Please Show This to Your Senior Executives:  Risks of Antitrust Investigations in the Courtroom and the Boardroom,” Competition Law International, October 2006.
• Donald C. Klawiter, Antitrust Compliance in 2006:  Don’t Tally the Numbers & Measure the Results, The Antitrust Masters Course, September 29, 2006.
• Donald C. Klawiter and Nathan J. Muyskens, “Competition Law Compliance In Japan:  The Time Is Now,” The Asia Pacific Antitrust Review 2005 (Global Competition Review 2005).
• Donald C. Klawiter, “Antitrust Compliance in 2005:  It’s Not the Numbers, It’s The Results,”  Antitrust Review of the Americas 2005 (Global Competition Review 2004).
• Donald C. Klawiter and J. Clayton Everett, “Global Cartel Enforcement in 2005:  Empagran, Executives and Equilibrium,” Antitrust Review of the Americas 2005 (Global Competition Review 2004).
• Donald C. Klawiter, Nathan J. Muyskens and Gerald P. Konkel, “The Competition Law Tidal Wave in Japan:  The Corporate Compliance Response,”  The Asia Pacific Antitrust Review 2004 (Global Competition Review 2004).
• Donald C. Klawiter, “The Use of Economic Expert Witnesses in Antitrust Trials:  Practical Advice for Experts and Examiners,” Section of Antitrust Law Litigation Course, October 17, 2003.
• Donald C. Klawiter, “Global Cartel Enforcement 2004:  Penalties, Leniency Considerations and Coordination,” The Antitrust Review of the Americas 2004, (Global Competition Review 2003).
• Donald C. Klawiter, “A New World Order:  The Risks and Consequences to Corporate Executives in Antitrust Investigations in Post-ADM, Post-Enron World,” International Business Lawyer, April 2003.
• Donald C. Klawiter, “Cartel Enforcement in the Post-ADM, Post-Enron World.”  The Antitrust Review of the Americas 2003.  (Global Competition Review 2003).
• Donald C. Klawiter and Christine Laciak, “International Competition Cooperation:  No Longer Just Formal Agreements.”  The Antitrust Review of the Americas 2003.  (Global Competition Review 2003).
• Donald C. Klawiter and Julian M. Joshua, The UK “Criminalization” Initiative:  Step Forward or Another Complication?, Antitrust Magazine, Summer 2002.
• Donald C. Klawiter and Julian M. Joshua, International Cartel Investigations:  Practical Lessons in Multi-Jurisdictional Coordination, The Antitrust Review of the Americas 2002 (Global Competition Review 2002).
• Donald C. Klawiter, Interview on International Cartel Investigations, Corporate Crime Reporter, at 9 (April 23, 2001).
• Donald C. Klawiter, “After the Deluge:  The Powerful Effect of Substantial Criminal Fines, Imprisonment and Other Penalties in the Age of International Cartels,” 69 George Washington Law Review 745 (2001).
• Donald C. Klawiter and Thomas J. Lang, “Simplifying Complex Litigation:  The Application of Internet Technologies to Antitrust Litigation,” Antitrust Magazine (Spring 2001).
• Donald C. Klawiter, “Corporate Leniency in the Age of International Cartels:  The American Experience,” Antitrust Magazine 13 (Summer 2000).
• Donald C. Klawiter, “Corporate Leniency in International Price Fixing Cartel Cases:  The American Experience,” In-House Magazine, London (October 2000).
• Donald C. Klawiter, “Criminal Antitrust Comes to the Global Market” in the 13 St. John’s Journal of Legal Commentary 201 (1998). 

Speeches

• “Managing a Cartel Investigation,” Sheppard Mullin Seminar, November 5, 2009 (Donald C. Klawiter, Jennifer M. Driscoll-Chippendale and Daniel Brown).
• “Cartel Enforcement Dinner,” ABA Section of Antitrust Law, October 15, 2009 (Donald C. Klawiter and Jennifer M. Driscoll-Chippendale).
• “Screening for and Avoiding Collusion Cases,” Newport Summit on Antitrust Law and Economics, October 3, 2009.
• “Antitrust Investigations: Tactical and Ethical Issues,” District of Columbia Bar, July 16, 2009.
• “Corporate Counsel Monthly Briefing,” ABA Section of Antitrust Law, June 3, 2009 (Donald C. Klawiter and Jennifer M. Driscoll-Chippendale).
• “Detecting Illegal Behavior Within the Company: Audits, Bounties and Leniency,” ABA Section of Antitrust Law Spring Meeting, March 26, 2009.
• “Global Competition Enforcement Policy: “Disagreements, Civility and the Journey to Common Ground,” 2008 Lewis Bernstein Memorial Lecture, St. John’s University Law School, October 15, 2008.
• “International Cartel Enforcement,” Section of Antitrust Law Masters Course, Hot Springs, Virginia, September 28, 2008.
• “The U.S. Perspective on Cartel Enforcement: Assessing the Impact on European Companies,” Avoiding Cartel Risks, London, September 16 and 17, 2008 (also served as Program Chair).
• “Multi-Jurisdictional Enforcement of the Antitrust Laws: Enforcement Tactics, Defense Responses and Compliance Strategies,” WESTFACCA Antitrust Seminar, Darien, Connecticut, September 12, 2008.
• “Anti-Cartel Enforcement” (Main Speaker), Asia International Conference, Seoul, Korea, September 4, 2008.
• “Antitrust Investigations: Tactical and Ethical Issues,” District of Columbia Bar, Washington, D.C., July 16, 2008.
• “The U.S. Private Litigation System,” The Lawyer Conference, London, May 7, 2008.
• “Ethics: The Interplay of Tactics and Ethics in Criminal Antitrust Investigations,” ABA Antitrust Spring Meeting, March 26, 2008.
• Antitrust Enforcement Update 2008: Antitrust Global Developments, Houston Bar Association, January 24, 2008 (with Jennifer M. Driscoll-Chippendale).
• The U.S. System: A Case Study, The Lawyer Private Litigation Conference, London, November 30, 2007.
• Cartel Enforcement Roundtable, eSapience Dinner Seminar, Washington, D.C., October 11, 2007.
• Risks of Antitrust Investigations in the Courtroom and the Boardroom, Russian Antitrust Law in an International Context, Moscow, May 29, 2007.
• U.S. Criminal Enforcement in the Twenty-First Century: The World Is Very Different Now, EC-IBA Conferences on Cartels, Brussels, March 8-9, 2007.
• Reflections on the Conduct of International Cartels, IATA Legal Symposium 2007 Conference, Istanbul, Turkey, February 12-13, 2007.
• Managing Worldwide Leniency, EU Cartel Law Enforcement: Practice and Policy Conference, Brussels, October, 19, 2006.
• Private Enforcement: The Economic Impact of Private Antitrust Litigation, International Bar Association 10th Annual Competition Conference, Fiesole, near Florence, Italy, October 13-14, 2006.
• American Bar Association Antitrust Masters Course III, Kiaweh, Island, South Carolina, September 28 – October 1, 2006.
• Antitrust Investigations and Corporate Executives: The Risks in the Courtroom and the Boardroom, Law Seminars International Antitrust Claims Against Foreign Firms & Cartels, Washington, D.C., September 7 & 8, 2006.
• New Directions in Antitrust Enforcement, NERA Antitrust & Trade Regulation Seminar, Santa Fe, July 5-8, 2006.
• The Impact of Competition Law on Industry, Chatham House Annual Competition Law Policy Conference, London, June 23, 2006.
• Antitrust Modernization Commission at Mid-Course, ABA Section of Antitrust Law, Introductory Remarks and Commentary, Washington, D.C., June 8-9, 2006.
• “U.S. Corporate Leniency After the Blockbuster Cartels: Are We Entering a New Era?,” 11th European University Institute Competition Law and Policy Workshop, Enforcement of Prohibition of Cartels, Florence, Italy, June 2-3, 2006.
• Transborder Cartel Developments Defenses and Enforcement Considerations Considerations When Navigating International Waters, International Competition Law: Real World Issues and Strategies for Success, Toronto, Ontario, May 15-16, 2006.
• Criminal Investigations and Corporate Governance, ABA Section of Antitrust Law’s Managing Antitrust Matters in the Modern Corporate Governance Era, New York, New York, May 11-12, 2006.
• Antitrust Investigations and Corporate Executives: The Risks in the Courtroom and the Boardroom, 2nd Antitrust Spring Conference International Bar Association, Sydney, Australia, April 28-29, 2006.
• Chair’s Showcase Program and Enforcers’ Roundtable, The Use of Evidence in Enforcement Actions Around the World, ABA Section of Antitrust Law Spring Meeting, Washington, D.C., March 30, 2006.
• Demonstration Session on Advising The Board of Directors, AGA/IBA International Cartel Workshop, London, England, February 9-10, 2006.
• Luncheon Presentation on Japan’s New Leniency Policy, Section of Antitrust Law’s 2005 Fall Forum, Washington, D.C., November 16, 2005.
• “Antitrust Investigations: Tactical and Ethical Issues,” District of Columbia Bar, Washington, D.C., July 14, 2005.
• “International Cartel Investigations,” Insight International Competition Law Conference, Montreal, Canada, June 16-17, 2005.
• “International Cartel Enforcement and Leniency,” Advanced EC Competition Law Conference, London, England, April 27-28, 2005.
• “Anti-Cartel Enforcement: Global Issues,” International Competition Enforcement, IBA Conference, Tokyo, Japan, April 20-21, 2005.

Events

• Antitrust and Anti-Corruption Enforcement: What Every International Company Needs to Know, September 16, 2010
• Managing a Cartel Investigation, November 5, 2009