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.”

Mueller, Thomas

Thomas Mueller

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.
  • Advising leading academic publisher Springer Science+Business Media (SSBM) in securing merger control clearance from the US Department of Justice, the European Commission and several further authorities worldwide for the combination of SSBM with the majority of Holtzbrinck-owned Macmillan Science and Education (namely Nature Publishing Group, Palgrave Macmillan and the global businesses of Macmillan Education) in a joint venture with approximately EUR 1.5 billion in annual revenues.  
  • 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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April 10, 2017

The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech

WilmerHale Partners Leon Greenfield and Mark Ford authored the chapter "Walker Process and Sham Litigation" in The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech. In the chapter, the authors discuss the history and development of the Walker Process and sham litigation doctrines, some of the key unresolved issues that courts struggle with today, and scholarship relating to these doctrines.

April 7, 2017

A Hitchhiker’s Guide to Antitrust and Intellectual Property Guidelines

In this article, published in the American Bar Association's Antitrust, Vol. 31, No. 2, Spring 2017 edition, authors Hartmut Schneider, Sarah Licht, and Nicole Callan discuss common principals between Antitrust and IP, "Secondary Guidance" and practice developments.

April 4, 2017

The SAVe Act: A Roadblock to Automated Vehicle Innovation

In this article published by Law360, Perry Lange, Sarah Licht, Renita Khanduja and William Desmond, discuss the barriers the SAVe Act brings to automated vehicle innovation.

March 30, 2017

WilmerHale Wins Two Global Competition Review Awards

The firm received the Litigation of the Year – Cartel Defence award for its representation of Denso and the Litigation of the Year – Cartel Prosecution award for its representation of candy-maker Katjes.

March 28, 2017

Cautious about Collaboration: Antitrust Scrutiny in Oil and Gas Exploration

This article by Thomas Mueller and Nana Wilberforce was shared at the 64th Spring Meeting of the ABA Section of Antitrust Law, which took place in March 2017.

March 21, 2017

WilmerHale Recognized for Outstanding International Lawyers and Practices in Chambers Global 2017

Chambers Global has named 27 WilmerHale lawyers among "The World's Leading Lawyers for Business" in its 2017 edition.

March 14, 2017

President Trump Signs Executive Order on Plan for Reorganizing the Executive Branch

On March 13, 2017, President Trump signed an Executive Order setting forth the process by which the Trump Administration will consider the possible reorganization of the Executive Branch and the potential “eliminat[ion of] unnecessary agencies, components of agencies, and agency programs.”

March 8, 2017

President Trump Signs Revised Immigration Executive Order

On March 6, 2017, President Trump signed a substantially narrowed version of the January 27, 2017 Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States.”

February 16, 2017

Unilateral conduct in the energy sector: An overview of EU and national case law

An article by John Ratliff and Roberto Grasso, published in e-Competitions' Antitrust Case Law Bulletin, Energy & Dominance Special Issue, provides an overview of the practice of the European Commission and European national competition authorities as regards unilateral conduct in the energy sector.

January 25, 2017

Beware the Tolling Agreement, It May Toll for Thee: New Gun-Jumping Action Targets Certain Tolling Agreements

Late last week, with only hours left for the Obama Administration, the Antitrust Division of the Department of Justice released one of the most remarkable gun-jumping enforcement actions in the more than 40-year history of the Hart-Scott-Rodino Act. This WilmerHale Client Alert was republished by Wolters Kluwer.

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 2015. In addition, the firm was recognized in the 2015 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. In 2014, the practice was recognized by GCR and announced as winner of the "Litigation of the Year Award" and Partner Heather Tewksbury was named USA Litigator of the Week.
  • Chambers Global: The World's Leading Lawyers for Business recognized our antitrust practice in Belgium, the United States and globally in 2014, 2015 and 2016. In addition, Steven CherryChristian Duvernoy, Claus-Dieter Ehlermann, Frédéric Louis, Thomas MuellerJohn Ratliff and Heather Tewksbury received individual honors for their work in the field.
  • Chambers USA: America's Leading Lawyers in Business consistently ranks our Antitrust and Cartel Enforcement practices in Massachusetts, Washington DC and nationally. In recent publications, clients have praised the practice's "solid and strategic" work and "responsive, wise and creative" approach, and placed us "at the very top for US law firms in cartel work." Molly Boast, James Burling, Steve Cherry, Mark FordLeon Greenfield, James Lowe, Michelle Miller, Thomas Mueller and Heather Tewksbury have been recognized individually for their work in recent editions.
  • 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."
  • China Business Law Journal ranks the top law firms in numerous practices and in 2014 ranked WilmerHale under the Competition & Antitrust category. In Beijing, we are recognized specifically for our work advising healthcare providers and payers on the full spectrum of antitrust jurisdictions where they do business.
  • Handelsblatt Best Lawyers named several WilmerHale lawyers from the Berlin and Frankfurt offices as "Best Lawyers" in Germany in the 2013-2016 editions.
  • The Daily Journal selected Partner Heather Tewksbury to its 2014 list of California's "Top Women Lawyers," an annual list compiled to honor and profile exceptional women lawyers who are industry leaders.
  • U.S. News and Best Lawyers has included our antitrust and competition practice in the first tier nationally and regionally in Boston and Washington DC, and in the second tier in New York City, on its 2014-2017 "Best Law Firms" lists. Clients have praised our lawyers as "top notch," "very thorough" and "always thinking one step ahead."
  • The annual edition of the Washington DC Super Lawyers magazine, published by The Washington Post Magazine, released its 2014 listing which includes five of our antitrust attorneys.
  • In the 2013 edition of The Best Lawyers in AmericaJames Burling, James Lowe, Michelle Miller and Thomas Mueller were recognized for their work in the antitrust field. 
  • WilmerHale's German team is consistently ranked among the Top 50 law firms in Berlin and Frankfurt by JUVE Handbook, including the latest 2016/2017 edition
  • In 2014, the Legal 500 launched its new edition of Legal 500 Deutschland, Germany's guide to outstanding lawyers, and recognized WilmerHale in seven categories. In The Legal 500 United States 2013 the firm's antitrust practice was recognized. Clients cited us as a "top-notch" team that is "excellent at driving clients' desired outcomes." Further, the guide individually recommends Thomas Mueller and "outstanding adviser" Michelle Miller.
  • 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."