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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May 11, 2016

Heather Tewksbury Selected as a Top Woman Lawyer by Daily Journal for Second Time

The Daily Journal has named WilmerHale Partner Heather Tewksbury to its list of Top Women Lawyers in California, which recognizes exceptional female lawyers who prove to be leaders in the industry.

May 1, 2016

Antitrust and Intellectual Property Guidelines: The “Common Core” And Beyond

Hartmut Schneider, Sarah Licht and Nicole Callan explore a "common core" of antitrust and IP principles that are addressed in many of the major IP/antitrust guidelines in this newsletter published by the American Bar Association Section of Antitrust Law Intellectual Property Committee.

April 26, 2016

Chambers Europe 2016 Recognizes WilmerHale Lawyers and Practices

Thirteen WilmerHale lawyers and five firm practices have been recognized in the 2016 edition of Chambers Europe: Leading Lawyers for Business

April 25, 2016

WilmerHale's Antitrust Practice Receives GCR Matter of the Year Awards

WilmerHale's Antitrust and Competition Practice received two awards, Behavioural Matter of the Year (Agency) – Europe and Matter of the Year, at Global Competition Review's 6th Annual Awards Ceremony on April 5 in Washington DC.

April 7, 2016

Bill Lee and Co-Author Doug Melamed Honored with Academic Article Award at 2016 Antitrust Writing Awards

Bill Lee and his co-author Douglas Melamed were the recipients of an Academic Article Award for their article, "Breaking the Vicious Cycle of Patent Damages," which Cornell Law Review published last year.

March 27, 2016

WilmerHale Lawyers and Practices Recognized in 2016 Edition of Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2016 edition, with WilmerHale ranking among the nation's best in 47 practice area categories. Chambers also ranked 82 WilmerHale lawyers as leaders in their respective fields.

March 23, 2016

Chambers Global 2016 Ranks WilmerHale Lawyers, Practices

Chambers Global has named 28 WilmerHale lawyers among “The World's Leading Lawyers for Business” in its 2016 edition. Additionally, the firm is ranked in 15 practice areas that span five regions.

March 21, 2016

Changing Climate: What The Paris Accord Means For China

In this article, published in the March 18, 2016, issue of Law360, Lester Ross addresses the historic December 2015 agreement in Paris to limit greenhouse gas emissions in hopes of curbing global warming. Law360's Expert Analysis special series looks at the impact the agreement will have on policies in various regions and countries.

February 1, 2016

Main Developments in EU Merger Control 2014-2015

An article by Cormac O'Daly, published in Competition Law & Policy Debate, Vol. 2, Issue 1, February 2016. 

January 26, 2016

OFAC and BIS Announce Further US Sanctions Authorizations and Export Licensing Policies for Cuba

The US Departments of the Treasury and Commerce are taking further action to implement President Obama's initiatives to normalize US-Cuba relations and to “engage and empower the Cuban people.”

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." Also in 2014, Partner Heather Tewksbury was named Global Competition Review's 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 the 2015 publication, clients praised the practice's "solid and strategic" work, and placed us "at the very top for US law firms in cartel work." Eight of our partners are individually recognized for their work in the field, including Molly Boast, James Burling, Steve CherryLeon Greenfield, James Lowe, Michelle Miller, Thomas Mueller and Heather Tewksbury.
  • 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 nine WilmerHale lawyers from the Berlin and Frankfurt offices as "Best Lawyers" in Germany in 2014.
  • 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.
  • 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.
  • 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.
  • 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
  • WilmerHale's German team is consistently ranked among the Top 50 law firms in Berlin and Frankfurt by JUVE Handbook, including the latest 2015/2016 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 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."