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.
  • 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 19, 2015

WilmerHale Practices, Lawyers Ranked Among Nation’s Best by Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2015 edition, with WilmerHale ranking among the nation's best in 46 practice area categories. Chambers also ranked 86 WilmerHale attorneys as leaders in their respective fields.

April 22, 2015

Jamie Gorelick Honored with Award and Delivers Keynote at Oklahoma City Bombing Anniversary Luncheon

WilmerHale Partner and former US Deputy Attorney General Jamie Gorelick, who assembled and oversaw the prosecution team in the 1995 bombing in Oklahoma City, delivered the keynote speech and was honored at the 2015 Reflections of Hope Award Luncheon on April 20 in Oklahoma City.

April 16, 2015

Global Investigations Review Honors Kimberly Parker and Elly Proudlock as Top Women in Investigations

Global Investigations Review (GIR) named WilmerHale Partner Kimberly Parker and Counsel Elly Proudlock among the top Women in Investigations, a list meant to honor remarkable women in the field.

 

April 13, 2015

Q&A: WilmerHale’s Hartmut Schneider

A Q&A featuring Hartmut Schneider, published in the March 31, 2015 edition of Global Competition Review.

April 1, 2015

UK Financial Conduct Authority Acquires Competition Powers

On April 1, 2015, the UK’s Financial Conduct Authority (“FCA”) will acquire competition law powers in relation to the provision of financial services.

March 30, 2015

Foreign Component Cartels and the U.S. Antitrust Laws: A First Principle Approach

An article by Lee Greenfield, Steven Cherry, Perry Lange and Jacquelyn Stanley, published in the Spring 2015 edition of ABA Antitrust magazine, Vol. 29, No. 2.

March 17, 2015

WilmerHale Partners to Present at 2015 ABA Section of Antitrust Law Spring Meeting

WilmerHale Antitrust and Competition partners are among the panel participants at the 63rd ABA Section of Antitrust Law Spring Meeting that will be held April 15-17, 2015 at the JW Marriott Hotel in Washington DC.

March 12, 2015

WilmerHale Lawyers, Practices Recognized in 2015 Edition of Chambers Global

Thirty-two WilmerHale lawyers are named among "The World's Leading Lawyers for Business" in the 2015 edition of Chambers Global. In addition to these individual accolades, the firm is recognized in 17 practice areas that span six different regions.

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.

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 and 2015. 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 nationwide 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."
  • 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.
  • 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."