The cartel practice of WilmerHale is an integral part of our antitrust and competition practice-one of the premier such practices in the United States and Europe. Whether seeking and obtaining leniency or contesting the allegations, we have substantial experience handling US Department of Justice, European Commission and European national authority cartel investigations and related litigation. Our cartel practice ranges from preventive compliance counseling through internal investigation and counseling when questions arise, dealing with the antitrust authorities to avoid or minimize liability, criminal and private litigation, and appeals.

Today, it is not uncommon for cartel investigations to be coordinated among the authorities in two, three or four jurisdictions. Our transatlantic practice makes us one of the few firms able to provide an integrated approach in the growing number of cartel investigations conducted in parallel by authorities in Europe, the United States and other jurisdictions. Our lawyers bring unique experience and insight to these multijurisdictional investigations, and to the workings of the antitrust agencies in most jurisdictions actively involved in cartel enforcement – including Canada, Australia, Japan and Korea, among many others.

Our lawyers have represented clients in some of the largest and most complex cartel investigations before the US Department of Justice, where we represent companies and individuals, and before the European Commission (EC) and European national authorities – including UK, Germany, Italy and Benelux. Our Berlin and Brussels offices, for example, have been involved in most of the major investigations by the German Federal Cartel Office in recent years. We made one of the first leniency applications under the new Belgian immunity program. We also have an extensive cartel litigation practice, encompassing private antitrust damage litigation in the United States and appeals in the European courts.

Our firm has advised and represented clients in many of the largest cartel cases in recent years, including the Air Cargo, TFT-LCD Flat Panel, Vitamins, Graphite Electrodes, Pre-insulated Heating Pipe, Industrial Tubes, Copper Plumbing Tubes and Synthetic Rubber cases. Representative matters include:

• Obtaining leniency in the US, EC and other jurisdictions for a major European air cargo carrier and defending it in the treble damage class action litigations filed in the wake of the US Department of Justice investigation.
• Representing a TFT-LCD manufacturer in the US Department of Justice investigation and in the related private treble damage class action litigations.
• Representing one of the petitioners in Empagran v. Hoffman LaRoche in persuading the Supreme Court to hold that the Foreign Trade Antitrust Improvements Act (FTAIA) does not confer jurisdiction over claims for damages suffered outside US Commerce.
• Representing a major Norwegian shipping company in securing a substantial downward departure for its "exemplary cooperation” in a US antitrust grand jury investigation.
• Representing one of the appellants in the EC’s landmark Cement Cartel case, which concerned procedural and substantive issues in cartel enforcement; we obtained annulment of the fine that had been imposed on our client.
• Representing a Finnish producer in the Industrial Tubes and Copper Plumbing Tubes cases, obtaining 70% reductions in the fines imposed.