Antitrust and Competition
Antitrust Audits and Compliance
Antitrust Audits and Compliance
Our lawyers are skilled in evaluating clients' antitrust compliance policies and systems to minimize antitrust risks, while still allowing business objectives to be met.It is more important than ever to have an effective antitrust auditing and compliance program. Government fines and civil damages have reached levels that can threaten a company's very existence. Moreover, the real threat of jail time for individuals is no longer constrained by US borders. Non-US executives are regularly imprisoned in the United States, and European jurisdictions are beginning to enact criminal penalties for individual cartel participants.
Since preventing antitrust enforcement incidents is always preferable to managing them after they arise, it is crucial to have a program that explains antitrust risks and effectively guides company personnel to stay within the law. An effective compliance program must involve more than a chapter in a corporate manual and an occasional lecture by in-house or outside counsel. WilmerHale designs and implements compliance programs for companies both in the United States and Europe. We also conduct antitrust audits to identify risk areas before a company is surprised by a raid on its premises, an enforcer's approach to an employee or grand jury subpoena, and we advise clients on corporate conduct and procedures to minimize the risk of becoming involved in an antitrust enforcement agency investigation or private antitrust litigation.
Cartel EnforcementOur transatlantic practice makes us one of the few firms able to provide an integrated approach in the growing number of cartel investigations conducted in parallel by authorities in Europe, the United States and other jurisdictions.Learn More
German Antitrust and Merger Control
German Antitrust and Merger ControlIn addition to counseling and representing clients with respect to EU competition law matters, lawyers in our Berlin and Brussels offices are among the most distinguished practitioners of German merger control and antitrust law. The roots of our German antitrust practice reach back to the enactment of the German Antitrust Code in the 1950s, when Karlheinz Quack began a practice that was to contribute to shaping German antitrust law over the following decades.
Our German and international clients turn to us for complex, high-profile regulatory matters that involve both antitrust rules and sector-specific regulation, as well as additional legislative and policy issues. We have represented Germany's leading players in the air transport, railway, telecommunications and energy industries in major transactions and investigations. In addition, we regularly advise and represent major domestic and multinational companies in, among others, the waste treatment, logistics, finance, travel, media, shipbuilding, engineering, chemicals, and wholesale and retail sectors.
Government Competitive Practices Investigations
Government Competitive Practices InvestigationsBoth in Europe and the United States, competition authorities are more actively investigating the conduct of allegedly dominant firms and looking for collaborations among competitors that may restrict competition.Learn More
Merger ClearanceOur experience in merger review builds from a long tradition of involvement in the development of merger clearance regimes in the United States, Europe and around the world.Learn More
European State Aid
European State AidOur team is active at the forefront of some of the most topical issues of State Aid law and perfectly positioned to help clients conquer their business and legal challenges.Learn More
Competition DefenseRepresenting 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.
Merger ClearanceAdvising 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.
LitigationRepresenting 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.
LitigationRepresenting Intel in FTC Part 3 litigation, where the FTC alleged unlawful monopolization of markets for computer microprocessors and graphics processing.
Acquisition ClearanceObtaining 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.
Litigation of the Year Awards
Global Competition Review
2017 Named for Cartel Defence and Cartel Prosecution
#1 Leading Investigations and Competition Practice
Global Investigations Review
2017 GIR 30
- 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.
- 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."
- 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.
- Handelsblatt Best Lawyers named several WilmerHale lawyers from the Berlin and Frankfurt offices as "Best Lawyers" in Germany in the 2013-2016 editions.