Antitrust and Competition REGULATORY AND GOVERNMENT AFFAIRS

Drawing on our lawyers’ broad experience, we offer clients exceptional insight in dealing with competition agencies in the United States, Europe and around the world.


WilmerHale has one of the leading antitrust and competition practices in the United States and Europe, with more than 50 years of experience and more than 70 competition lawyers in the United States, Europe and China. We have secured antitrust clearance for hundreds of complex mergers and joint ventures, helped clients avoid fines and prison terms in many cartel investigations, and won numerous victories for clients in private and government litigation. Many of our partners and senior counsel have served in high levels of government in the United States or Europe, and all have a wealth of experience representing clients across the full range of antitrust issues. Global Competition Review has repeatedly ranked our practice in the “Top 20 Global Elite” and has distinguished the practice for its “ever-impressive antitrust team.”

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

Ranked as one of the leading transatlantic antitrust and competition firms, our recent matters include:

  • Representing Apple, Broadcom, Research in Motion and other industry participants in cases in the United States and throughout the world asserting Sherman Act Section 2 and breach of contract claims arising out of a competitor’s refusal to license patents declared essential to industry standards on fair, reasonable and non-discriminatory (FRAND) terms.
  • Representing Cephalon in a prominent action brought by the Federal Trade Commission (FTC) in the US District Court for the Eastern District of Pennsylvania and in separate antitrust actions by putative classes of direct and indirect purchasers of Provigil®, as well as by a would-be generic competitor, Apotex, Inc., all of which challenge Cephalon’s settlement of Hatch-Waxman patent litigation.
  • Representing Intel in FTC Part 3 litigation, where the FTC alleged unlawful monopolization of markets for computer microprocessors and graphics processing.
  • Obtaining US clearance for International Paper’s acquisition of Temple-Inland and obtaining US, German and Chinese clearance for its acquisition of Weyerhauser’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 EU 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.
  • Representing clients in the United States and Europe in response to civil and criminal antitrust probes and class action litigations in the automotive, shipping, financial, rail and natural gas industries, among others.
  • Representing clients in a number of US Supreme Court proceedings, including matters involving the Foreign Trade Antitrust Improvements Act, defense against alleged violations of federal antitrust laws, and class arbitration under the Federal Arbitration Act.

Publications & News

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February 6, 2015

Patents, Standard Setting, and Antitrust – New Insight from the Department of Justice

On February 2, 2015, the Antitrust Division of the U.S. Department of Justice (DOJ) took another step towards clarifying the antitrust rules applicable to standard essential patents (SEPs).

February 4, 2015

Christopher Casamassima Named to the Daily Journal’s Top 20 Under 40 List

Partner Christopher Casamassima was named to the Daily Journal’s prestigious Top 20 Under 40 list.

January 30, 2015

Intellectual Ventures v. Capital One: Can Antitrust Law and Economics Get Us Past the Trolls?

An article co-written by Michelle Miller, published in the January 2015 edition of CPI Antitrust Chronicle.

January 28, 2015

MOFCOM’s Interim Rules on Restrictive Conditions for Concentrations of Undertakings

China’s Ministry of Commerce on December 17, 2014 issued an interpretation on its December 4 Interim Rules on Restrictive Conditions for Concentrations of Undertakings (Interim Remedy Rules) which became effective on January 5, 2015.

January 5, 2015

WilmerHale Announces the Elevation of Partners and Special Counsel

We are pleased to announce the elevation of our new partners and special counsel.

January 1, 2015

International Cooperation between Competition Authorities – OECD Recommendation Proposal Heralds Brave New World of Enforcers Sharing Confidential Information Without Consent of Companies (Vol.I)

An article by Frédéric Louis and Takeshige Sugimoto published in the January 1, 2015 edition of the Journal of the Japanese Institute of International Business Law, Vol. 43, No. 1, 2015, pp. 88–90.

December 5, 2014

Provigil and Nexium: Conflicting Conclusions About Accelerated Entry Provisions in Hatch-Waxman Settlements

An article by Mark Ford, Peter Spaeth and Dana Burwell, published in the December 2014 edition of Bloomberg BNA's Pharmaceutical Law & Industry Report, Vol. 12, No. 1659.

November 17, 2014

Afterword: Lorain Journal and the Antitrust Legacy of Robert Bork

An article by Leon Greenfield published in the American Bar Association’s Antitrust Law Journal in November 2014. Greenfield served as co-editor for the Bork Symposium.

November 14, 2014

EU Legislates to Encourage Private Antitrust Damages Claims

On November 10, the EU Council adopted a Directive “on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union” (the Directive).

November 13, 2014

EU Litigation Practice Obtains Successful Cartel Conduct Ruling

WilmerHale’s EU litigation practice earned a successful victory on November 12, 2014, for clients Guardian Industries and Guardian Europe (Guardian) in a court ruling that granted a notable reduction in cartel conduct fines.

Recognition

WilmerHale’s Antitrust and Competition Practice has received significant recognition around the globe.

  • Global Competition Review (GCR) ranked WilmerHale among its list of “Top 20 GCR Global Elite” firms for 2014. In addition, the firm was recognized in the 2014 edition of GCR 100, with “elite” first tier rankings in the Massachusetts and US Government Antitrust categories, and “highly recommended” rankings in the Brussels and Germany categories. Further, the practice was recognized by GCR and announced as winner of the “Litigation of the Year Award.”
  • Chambers Global: The World's Leading Lawyers for Business recognized our antitrust practice in Belgium, the United States and globally in 2014. In addition, Jacques Bourgeois, Christian Duvernoy, Claus-Dieter Ehlermann, Frédéric Louis, John Ratliff and Thomas Mueller received individual honors for their work in the field.
  • Chambers USA 2014: America’s Leading Lawyers in Business ranked our practices in Massachusetts, Washington DC and nationally, and we were featured in the nationawide cartel spotlight table. In the publication, clients praised our “smart, thoughtful lawyers with a good understanding of the industry,” and “very well-rounded and exceptional practice.” Seven of our partners are individually recognized for their work in the field, including Molly Boast, James Burling, Steve CherryLeon Greenfield, James Lowe, Michelle Miller and Thomas Mueller.
  • Chambers Europe has recognized our practice as a “well-established practice [that] handles top-end work,” including “cartel and private damages litigation, merger control and Article 102 investigations.”
  • In the Best Law Firm rankings by U.S. News and Best Lawyers, our antitrust and competition practice was praised as “top notch” and ranked in the first tier nationally and in Boston and Washington DC in 2014, and in the first tier nationally and in Boston, New York and Washington DC in 2015.
  • Partners James Burling, James Lowe, Michelle Miller and Thomas Mueller were recognized for their work in the antitrust field, and selected by their peers for inclusion in the 2013 edition of The Best Lawyers in America.
  • The Legal 500 United States 2013 recognized the firm’s antitrust practice, and clients cite us as a “top-notch” team that is “excellent at driving clients’ desired outcomes.” Further, the guide individually recommends co-chairs Thomas Mueller and “outstanding adviser” Michelle Miller, as well as Partner Eric Mahr whom clients praise for his “practical advice and knowledge of the ‘ins and outs’ of government agencies.”  
  • In 2013, our group was recognized by Acquisition International as "Antitrust Litigation Law Firm of the Year" in California and "Antitrust Litigation Legal Practice of the Year" in Washington DC.
  • In 2012, Practical Law Company (PLC) ranked WilmerHale as a leading law firm in the area of antitrust and competition in Boston, and recommended the firm nationally and in Washington DC. Internationally, the firm was recommended in Belgium and Germany. In addition, 13 WilmerHale partners were selected as “Leading Lawyers.”
  • In 2012, WilmerHale was also recognized in PLC’s Competition Super League, a directory highlighting “the best global competition teams from around the world.”
  • WilmerHale is a multi-year recipient of the Law360 “Competition Groups of the Year.” In 2011, the practice was noted for “steering controversial transactions through merger reviews” and “recording big wins for major corporations in civil antitrust suits.”