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.

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.

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Contacts

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Miller, Michelle D.

Michelle D. Miller

Co-Chair, Antitrust and Competition Practice Group

+1 617 526 6116 (t)

michelle.miller@wilmerhale.com

Mueller, Thomas

Thomas Mueller

Co-Chair, Antitrust and Competition Practice Group

+1 202 663 6766 (t)

thomas.mueller@wilmerhale.com

Publications & News

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April 7, 2014

WilmerHale Provides Wide-Ranging Antitrust Insights at ABA Antitrust Spring Meeting

WilmerHale was a significant contributor to the 62nd Spring Meeting of the ABA Section of Antitrust Law, an annual three-day event recognized as the largest antitrust and consumer protection conference in the world, with nearly 2,900 registered participants.

April 7, 2014

Department of Justice Obtains First Litigated Extradition for Antitrust Violations

On April 4, 2014, the United States Department of Justice’s Antitrust Division announced the first successful extradition of a foreign national to the United States to stand trial for alleged US criminal antitrust law violations.

September 17, 2013

WilmerHale Antitrust Attorneys Secure Appeal Victory

In 2010, the Brussels antitrust practice was selected from a number of law firms to represent Wabco in the appeal of a €326 million (close to $435 million) fine imposed by the EU Commission for participation in the bathroom fixtures cartel (faucets, shower enclosures and ceramic basins, tubs and toilets).

June 7, 2012

Chambers USA 2012 Final Results Announced

March 30, 2012

Chambers USA 2012 Preliminary Results Announced

March 15, 2011

Chambers USA 2011 Preliminary Results Announced

July 23, 2010

WilmerHale Ranks Among Vault's Top 20 Law Firms in the Nation for Sixth Consecutive Year

June 11, 2010

Chambers USA 2010 Reveals Final Results Ranking 101 WilmerHale Lawyers and Dozens of Practices

April 23, 2010

The German Federal Cartel Office Clarifies its Approach to Resale Price Maintenance

March 22, 2010

Chambers Global 2010 Recognizes 23 WilmerHale Lawyers and 10 Firm Practices