Our deep experience in merger review builds from a long tradition of involvement in the development of merger clearance regimes in the United States, Europe and China.


WilmerHale has secured clearance for hundreds of mergers, acquisitions and joint ventures in the United States and Europe from the US Department of Justice, the Federal Trade Commission, European Commission, EU Member States and China, including some of the largest and most complex mergers in recent years. We have also successfully opposed mergers on our clients’ behalf. In either case, we engage the regulators proactively from the outset to maximize the prospect of achieving the result our client seeks; and we work with the client to obtain those results promptly and efficiently. Our lawyers appear before antitrust and competition authorities in the United States and Europe nearly every day and benefit from a deep understanding of those agencies.

Our Merger Clearance Practice also benefits from the firm’s strong regulatory practices in Washington DC, Europe and Beijing. Many transactions are reviewed not only by competition authorities, but also by sectorial regulators, such as the Federal Communications Commission in the United States. Our experience with these regulators and the industries they regulate provides us with additional insight and capabilities to assist in all aspects of the merger clearance process.

Contacts

Sort By
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

Some of the highlights of our merger clearance practice include:

  • Obtaining clearance from the US Department of Justice (DOJ) for International Paper’s $710 million sale of its building products division to Georgia-Pacific.
  • Securing clearance from the DOJ for the sale by our client of a leading US publisher of Christian-themed books to the second largest publisher of such books.
  • Obtaining US clearance for International Paper’s acquisition of Temple-Inland and obtained US, German and Chinese clearance for its acquisition of Weyerhaeuser’s containerboard business.
  • Obtaining first-phase EU clearance for Lufthansa’s sale of British Midland to International Airlines Group, marking the first time that the Commission cleared a combination of airlines with hubs at the same airport; also represented Lufthansa AG in its successful acquisitions of three European air carriers—Brussels Airlines, British Midland and Austrian Airlines.
  • Obtaining US antitrust clearance for Qwest without the issuance of a Second Request in its merger with CenturyLink.
  • Representing Cisco in obtaining clearance in both the United States and before the European Commission (EC) for its acquisition of Tandberg, a matter repeatedly cited by US and EC officials as a primary example of transatlantic cooperation.
  • Securing US merger clearance for Brambles Limited’s $1.3 billion acquisition of IFCO Systems NV, two leading providers of pallet services in the United States.
  • Representing the second largest provider of regulated medical waste services in obtaining clearance for its acquisition by the largest provider of those services.
  • Obtaining clearance in the United States and Europe for Disney's acquisition of Marvel Entertainment.
  • Acting as co-counsel for Oracle in obtaining EC clearance for its acquisitions of PeopleSoft and Siebel.
  • Securing US DOJ clearance for Verizon Communications Inc.’s $8.5 billion acquisition of MCI and, later, the company’s $28.1 billion acquisition of Alltel.
  • Obtaining FTC clearance for Millennium Pharmaceuticals in connection with its $8.8 billion sale to Takeda—the largest overseas acquisition by a Japanese drug firm.
  • Representing Statoil in obtaining EC approval of its $30 billion merger with the petroleum activities of Norsk Hydro.
  • Securing antitrust clearance in both the United States and Europe for the $14.9 billion Linde acquisition of the BOC Group to create the world’s largest industrial gases company.
  • Acting as regular outside antitrust counsel for BAE Systems transactions, including its acquisition of Lockheed Martin Sanders, Armor Holdings and United Defense before the US DOJ and Department of Defense.
  • Acting as regular outside antitrust counsel for Regal Cinemas transactions, including obtaining DOJ clearance for the combination of the Regal, Edwards and United Artists theater chains, creating the largest movie theater chain in the United States.

Historical Background

WilmerHale has an extensive background in the development of merger clearance regimes in the United States, Europe and China. Our lawyers’ experience, along with our continuous contact with the reviewing agencies, enables our team to provide insight and strategic advice for even the most complex of transactions.

Our history includes:

  • In the United States, the first merger guidelines produced by any competition authority were issued in 1968 by the Department of Justice and were drafted by then-Assistant Attorney General Don Turner, with assistance from Deputy Assistant Attorney General Bob Hammond and Turner’s special assistant, Jim Campbell. Turner, Hammond and Campbell all later joined what was then Wilmer Cutler & Pickering and helped develop and expand the firm’s antitrust practice.
  • In Europe, Senior Counsel Claus-Dieter Ehlermann was Director-General for Competition at the European Commission just as the Commission’s Merger Regulation was coming into effect.
  • In Germany, Karlheinz Quack, a founder of the firm that is now the core of our Berlin office, was a principal in shaping German antitrust and competition law.

Publications & News

View

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.

June 7, 2012

Chambers USA 2012 Final Results Announced

July 1, 2011

FTC and DOJ Issue New Premerger (HSR) Notification Form

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

June 1, 2010

Hard Times: Employment Issues in EU Merger Control

A chapter written by WilmerHale counsel Cormac O'Daly and consultant Jacques Bourgeois, published in the book, Competition Policy over the Last Two Decades. This book was published to mark the 20th anniversary of the establishment of the Polish Office of Competition and Consumer Protection. Published by The Office of Competition and Consumer Protection.

April 23, 2010

FTC Releases Revised Horizontal Merger Guidelines for Public Comment

March 30, 2010

WilmerHale Secures EU and US Merger Clearance for Cisco's Acquisition of TANDBERG

March 22, 2010

Chambers Global 2010 Recognizes 23 WilmerHale Lawyers and 10 Firm Practices

March 18, 2010

Chambers USA 2010 Honors WilmerHale, Ranking Over 100 Lawyers and Dozens of Practices