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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November 1, 2017

WilmerHale Honored Throughout 2018 U.S. News - Best Lawyers® Best Law Firms List, Named Intellectual Property Litigation Firm of the Year

WilmerHale has been recognized among the 2018 U.S. News and World Report and Best Lawyers® list of Best Law Firms, an honor it has earned since the inception of these rankings in 2010.

October 31, 2017

New York Law Journal Recognizes Molly Boast as a Distinguished Leader

Partner Molly Boast is among a small group of renowned attorneys selected by the New York Law Journal as Distinguished Leaders in 2017. The award recognizes attorneys in leadership roles who achieved impressive results in the past year.

October 31, 2017

Competition Impact Review to Be Required for All New Chinese Regulations

China's three Anti-Monopoly Law enforcement agencies—the National Development and Reform Commission, the Ministry of Commerce, and the State Administration for Industry and Commerce—together with the Ministry of Finance and the State Council Legislative Affairs Office, on October 26 jointly published the Rules on Implementation of the Fair Competition Review System (for temporary effect) (Fa Gai Jia Jian [2017] No. 1849).

October 27, 2017

WilmerHale Ranks No. 1 on Global Investigations Review's List of Top Investigations Practices

WilmerHale has climbed to the top of Global Investigations Review's list of the world's 30 leading investigations and compliance practices.

October 2, 2017

Wait, I Thought We Were Done? DOJ Challenges $4B Merger Months After HSR Filing and Expiration of the HSR Waiting Period

Earlier this week, the Antitrust Division of the Department of Justice filed a lawsuit seeking to unwind Parker-Hannifin's $4.3 billion consummated acquisition of Clarcor.

September 27, 2017

The National Law Journal Recognizes Thomas Mueller as an Antitrust Trailblazer

Mueller was chosen based on his significant career accomplishments and innovations in the field of antitrust and competition law.

September 18, 2017

EU to Establish a Framework for Screening Foreign Direct Investment

On September 13, 2017, the European Commission issued a proposal for a Regulation establishing a framework for screening foreign direct investment in the European Union.

August 30, 2017

District Court Rejects Direct Purchaser Class for Failure to Satisfy Numerosity Requirement

On August 28, 2017, in King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., the Eastern District of Pennsylvania denied class certification for direct purchasers asserting Hatch-Waxman reverse-payment antitrust claims because the 24-25 putative class members did not satisfy the numerosity requirement.

August 24, 2017

Heather Tewksbury Honored Among Diversity Journal's Women Worth Watching

The Diversity Journal has recognized Partner Heather Tewksbury on its annual list of Women Worth Watching, which honors executive trailblazers for their passion, potential, and positive influence both inside and outside the workplace.

August 1, 2017

International Merger Remedies

A chapter by John Ratliff, Frédéric Louis and Cormac O'Daly published in The Merger Control Review (8th edition), Chapter 5, pp. 50-62

Recognition

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

  • Chambers Global: The World's Leading Lawyers for Business recognized our antitrust practice in Belgium, the United States and globally in 2014, 2015, 2016 and 2017. 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, Steve Cherry, Mark FordLeon Greenfield, Thomas Mueller, Tim Syrett 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."
  • 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.
  • Global Investigations Review (GIR) recognized WilmerHale as the No. 1 leading investigations and compliance practice on its 2017 GIR 30 list. GIR also named WilmerHale the Most Impressive Investigations Practice of the Year in 2016 for its cross-border work in high-profile internal and government-led investigations. The firm placed second on the GIR 30 list in 2015 and 2016.
  • 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.
  • 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."