Antitrust Litigation LITIGATION/CONTROVERSY

WilmerHale “is our firm of choice for intricate and testing matters.”
Chambers USA quoting client statements about WilmerHale’s antitrust practice


WilmerHale has one of the premier antitrust litigation practices in the world. We are consistently recognized by Chambers and Global Competition Review as a leading antitrust firm both in the United States and Europe. To that strength we add one of the world’s leading litigation and arbitration practices—recognized for our ability in cartel cases, intellectual property litigation and US Supreme Court advocacy. Unlike many other firms, our antitrust litigators are not just general litigators who have handled an antitrust case or two at some point in their careers. Instead, we have more than 20 lawyers for whom antitrust litigation is their primary or sole practice, and more than 40 more for whom antitrust litigation is a substantial percentage of their overall practice.

Throughout the US, UK and Europe we have successfully represented clients in major antitrust litigation. We have compiled a remarkable record of resolving antitrust claims through summary disposition, at trial, and on appeal against both private and government plaintiffs in the United States. We also have substantial experience in litigating against the European Commission and national competition authorities before the European Courts and the national member state courts.

Experience

Currently, we are defending clients in several ground-breaking private antitrust suits in the UK, Germany and the Netherlands. In addition, we often are engaged as coordinating counsel in global antitrust litigation matters, supervising litigation not only in the United States and Europe, but in Australia, Canada and elsewhere around the globe.

Representative matters include:

  • FTC v. Intel Corporation (FTC). Defending Intel in the FTC's administrative complaint alleging violations of Section 5 of the FTC Act and antitrust violations relating to monopolization in computer microprocessor and other computer-related markets.
  • In re Automotive Parts Investigation (U.S.D.C. E.D. Mich.). 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 Department of Justice in the largest antitrust investigation in US history.
  • FTC v. Cephalon; King Drug v. Cephalon; Vista Healthplan v. Cephalon; Apotex v. Cephalon (U.S.D.C. E.D. Pa.). Defending one of the world's fastest-growing biopharmaceutical companies in multiple lawsuits, including one brought by the FTC, challenging patent litigation settlements between Cephalon and four companies seeking FDA approval to market generic versions of Cephalon's leading pharmaceutical product, Provigil®.
  • In re Air Cargo Antitrust Litigation (U.S.D.C. E.D.N.Y.). Defending a major European air carrier in more than 100 consolidated private antitrust class action damage claims arising from the Justice Department's investigation into alleged price fixing among major air cargo carriers. We negotiated a favorable settlement and are assisting the companies in their ACPERA cooperation.
  • Research in Motion Ltd., et al. v. Motorola, Inc. (U.S.D.C. N.D. Tex.). Asserting antitrust and breach of contract claims in the US District Court for the Northern District of Texas arising out of a competitor's refusal to license patents declared essential to ETSI and IEEE on fair reasonable and non-discriminatory (FRAND) terms.
  • In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (U.S.D.C. E.D.N.Y.). Representing a major MasterCard issuer in defending against a massive, multidistrict antitrust class action filed on behalf of merchants against Visa, MasterCard and the major payment card issuers alleging that the interchange fees set by Visa and MasterCard for processing credit card transactions are unlawful.
  • Princo v. International Trade Commission (Fed. Cir.). Representing Philips in persuading the Federal Circuit en banc to overturn a two-to-one panel decision that held that an exclusive cross-licensing agreement between Philips and Sony constituted patent misuse, and in successfully opposing petition for certiorari.
  • In re Insurance Brokerage Antitrust Multidistrict Litigation (U.S.D.C. D.N.J.). Representing one of the leading US insurance carriers in defending against a massive antitrust and RICO class action filed against most of the country's leading insurance carriers and brokers in the wake of Eliot Spitzer's investigation of Marsh McLennan and other major insurance brokers. The district court three times granted our motions to dismiss all claims in the case. WilmerHale Partner Seth Waxman argued the appeal of the final decision dismissing the claims with prejudice before the Third Circuit on behalf of the 15-defendant joint defense group. The Third Circuit's decision is pending.

Publications & News

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March 14, 2014

Chambers & Partners Recognizes WilmerHale in its 2014 Global Edition

Thirty-one WilmerHale lawyers have been named among the “World’s Leading Lawyers for Business” in the 2014 edition of Chambers Global. In addition to these individual accolades, 13 of the firm’s practice areas were also recognized.

January 13, 2014

Former Department of Justice Attorney Heather Tewksbury Joins WilmerHale’s Antitrust Practice

WilmerHale is pleased to announce that Heather Tewksbury will be joining the firm’s Palo Alto office as a partner in the Antitrust and Competition Practice on January 21, 2014.

December 19, 2013

The Lawyer Ranks WilmerHale Among Top 10 Global Litigation Practices

The Lawyer has ranked WilmerHale among the top 10 litigation practices in the world in this year's list of the Global Litigation Top 50—an annual analysis of which of the world's largest firms are generating the most fee income from disputes.

December 2, 2013

Washingtonian Magazine Names 14 WilmerHale Attorneys to "Best Lawyers" List

November 1, 2013

WilmerHale Among U.S. News – Best Lawyers® “Best Law Firms” and Again Named International Arbitration “Law Firm of the Year”

The 2014 edition of the U.S. News – Best Lawyers® “Best Law Firms” list names WilmerHale as “Law Firm of the Year” in International Arbitration—this is the second consecutive year that the firm has won this honor—and honors WilmerHale as a first-tier law firm in 27 national and 60 metro-area rankings.

October 21, 2013

Andrea Weiss Jeffries Named to The Recorder’s “Women Leaders in Tech Law” List

The Recorder has selected Partner Andrea Weiss Jeffries to its 2013 list of California’s “Women Leaders in Tech Law,” an annual list that honors 50 authoritative women who have contributed to the practice, business and advancement of legal issues throughout the previous year.

April 1, 2013

Partner Molly Boast Selected for “100 Women in Antitrust” by Global Competition Review

Global Competition Review profiled 100 successful women in the field of competition law in its fourth edition of Women in Antitrust.

February 7, 2013

Molly Boast Receives William T. Lifland Service Award for Distinguished Service

Partner Molly Boast was recently awarded the William T. Lifland Service Award from the New York State Bar Association’s (NYSBA) Antitrust Law Section. The award was presented to her during the Antitrust Law Section's annual dinner in New York on January 24, 2013.

November 28, 2012

Antitrust Litigation Article by Partner William Kolasky Published in ABA's Antitrust

October 1, 2012

Antitrust Litigation: What’s Changed in Twenty-Five Years?

An article by Partner William Kolasky, published in Antitrust, an American Bar Association publication, Vol. 27, No. 1.