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.


WilmerHale’s Cartel Enforcement Practice 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 allegations, we have substantial experience handling US Department of Justice (DOJ), European Commission (EC) and European national authority cartel investigations and related litigation. Our cartel practice includes 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.

In many cases, cartel investigations are coordinated among authorities in multiple jurisdictions. Our lawyers bring unique experience and insight to these investigations, and to the workings of the antitrust agencies in most jurisdictions actively involved in cartel enforcement—including Canada, Brazil, Mexico, Australia, Japan and Korea, among many others. Our lawyers have represented clients in some of the largest and most complex cartel investigations before the DOJ, where we represent companies and individuals, and before the EC and European national authorities such as the United Kingdom, Germany, Italy and Benelux.

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

Experience

Our firm has advised and represented clients in many of the largest cartel cases in key industries, including auto parts, air cargo, TFT-LCD flat panel, bearings, capacitors, Libor, municipal derivatives, forex, credit default swaps, auto glass, parcel tanker, oil and gas, soda ash, bathroom fixtures, flour milling, graphite electrodes, pre-insulated heating pipe, industrial tubes, copper plumbing tubes, vitamins, and synthetic rubber.

Our Berlin and Brussels offices have been involved in most of the major investigations by the German Federal Cartel Office. And we have an extensive cartel litigation practice, encompassing private antitrust damage litigation in the United States and appeals in the European courts.

Some of our representative matters include:

  • Representing Japanese auto parts manufacturer DENSO and its US subsidiary in a criminal antitrust investigation and civil class action litigation. We secured a favorable settlement on behalf of DENSO with the DOJ in the largest antitrust investigation in US history.
  • Obtaining leniency in the United States, 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 DOJ investigation.
  • Representing a TFT-LCD manufacturer in a DOJ investigation and in related private treble damage class action litigations.
  • 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.

Publications & News

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June 10, 2014

European Court of Justice Provides Guidance Regarding Potential Liability of Cartel Members in EU Member States for Sales by Non-Cartel Participants

Last week, the EU’s highest court, the European Court of Justice (ECJ), held that Member State laws may not categorically prohibit consumers from recovering from cartel members damages attributable to purchases from non-cartel participants that—acting independently—were able to charge inflated prices as a result of market-wide price effects from cartel behavior.

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.

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.

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