Legal Counsel Senior

Ernest Eric Elmore

Silver Spring, MD ************@*****.*** 301-***-**** LinkedIn

Senior Legal Counsel

Accomplished and results-driven legal strategist with extensive experience in antitrust enforcement, merger analysis, and complex litigation across big tech, healthcare, manufacturing, energy sectors, and the federal level.

Proven success leading high-profile investigations, litigating precedent-setting cases, and advising senior leadership on anticompetitive risks in multi-billion-dollar transactions. Skilled in interpreting and applying the Clayton Act, Sherman Act, and related statutes to assess competitive effects, develop innovative legal theories, and influence M&A policy. Experienced in supervising investigation and litigation teams, managing expert witness strategy, negotiating complex settlements, and building strong evidentiary records in both horizontal and vertical merger matters. Provides strategic legal counsel on competition policy, consumer protection, and corporate compliance, including engagements with Fortune 500 executives. Recognized for integrating legal and economic analysis, mentoring attorneys and economists, and contributing to advancement of competition law through public speaking, bar leadership, and pro bono service.

Areas of Expertise

Antitrust & Competition Law Merger Review & Enforcement Complex Civil & Criminal Litigation Regulatory Compliance & Corporate Counseling Mergers & Acquisitions Investigations Hart-Scott-Rodino (HSR) Act Compliance Civil Investigative Demands (CIDs) Consent Order & Settlement Negotiation Economic Expert Witness Management Evidentiary Record Development Trial Preparation & Litigation Strategy Legal Research, Policy Analysis & Memoranda Drafting Interagency & FTC/DOJ Coordination Fortune 500 Regulatory Strategy Public Speaking & Legal Education

Professional Experience

Federal Trade Commission – Bureau of Competition, Washington, DC 2007 – Present

General Attorney, Mergers II Division

Lead legal analysis and enforcement review of complex merger transactions across industries, including big tech, pharmaceuticals, chemical manufacturing, and healthcare. Assess competitive effects of proposed mergers under Clayton Act §7, incorporating economic evidence, market structure analysis, and third-party interviews to develop theories of harm.

Attained success in acquiring favorable rulings that safeguarded competitive market dynamics by directing high-stakes merger investigations, including Peabody/Arch Coal $2.9B, Tronox/Cristal $1.67B, and Ball/Rexam $8.4B.

Cultivated in-house legal acumen by mentoring and training incoming attorneys, economists, and staff, reinforcing the FTC’s institutional capabilities in antitrust enforcement.

Formulated and advanced innovative legal theories to initiate federal litigation against anticompetitive transactions, successfully navigating complex administrative and regulatory frameworks.

Directed litigation strategy for precedent-setting antitrust cases, including leading expert witness development in the FTC’s challenge to Meta’s acquisition of Within, setting new standards for vertical merger enforcement.

Negotiated and enforced settlement agreements requiring structural or behavioral remedies to protect competition.

Supervised multiple teams of attorneys and support staff in investigating, preparing, and presenting antitrust cases to administrative and federal courts.

Additional Experience

Special Assistant United States Attorney, United States Attorney’s Office for DC

Prosecuted a wide range of criminal cases involving assault, drug possession, and trademark violations, securing convictions through effective litigation and strategic case management.

Supported full lifecycle of criminal prosecutions in D.C. Superior Court and U.S. District Court, including initial charging decisions, motions practice, plea negotiations, trials, and sentencing.

Partnered with the Metropolitan Police Department, DEA, ATF, and other federal and local law enforcement entities to develop and prosecute cases.

Attorney Advisor, The Office of Commissioner Mozelle W. Thompson, Federal Trade Commission

Advised Commissioner on complex antitrust, consumer protection, and privacy issues, including enforcement matters, policy initiatives, and regulatory frameworks.

Integrated legal analysis with economic theory by consulting with FTC economists and external experts to assess the competitive impact of proposed mergers, monopolistic behavior, and industry consolidation.

Advised on complex competition policy, corporate compliance, and consumer protection matters, directly influencing regulatory outcomes and successfully guiding Fortune 500 executives through high-stakes FTC engagements.

Leadership & Speaking Engagements

Panelist, National Bar Association Annual Convention (2025) – “Big Tech Enforcement”

Panelist, ABA Antitrust Law Section Spring Meeting (2025) – “The Role of Non-Price Parameters in the 2023 Merger Guidelines”

Organizer & Speaker, National Bar Association Annual Convention (2024) – “Antitrust Fundamentals and Hot Topics”

Panelist, ABA Antitrust Law Section Spring Meeting (2023) – “Merger Trial Tactics: What Works, What Doesn’t”

Professional Affiliations

American Bar Association Member, Antitrust Law Section, and Vice Chair, Corporate Counseling Committee, and Vice Chair, Membership Committee

National Bar Association Member, Commercial Law Section, and Chair, Antitrust Law Section

Bar Admissions & Certifications

U.S. Supreme Court

New York

Awards & Recognitions Affiliations

Janet D. Steiger Outstanding Team Award – Meta/Within (2023)

Merger Surge Swat Team Award (2021)

Outstanding Team Awards – Peabody/Arch Coal (2021), Tronox/Cristal (2018), PolyPore/Daramic (2011)

Education

Cornell Law School, J.D.

President, Cornell Black Law Students Association

Cornell Legal Aid Clinic

Cornell University, A.B. in Government

Cornell-in-Washington Public Policy Program (Senior Thesis)

Community Leadership & Board Memberships

General Counsel, Mid-Atlantic Association of Alpha Chapters

Member, Cornell Law School Dean’s Advisory Council

President Emeritus, Cornell Law School Alumni Association Executive Board

General Counsel, Sigma Delta Tau, Legal Fraternity, Inc.

Volunteer Attorney, DOJ Pro Bono Program

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