Antitrust Litigation LITIGATION/CONTROVERSY

WilmerHale “is our firm of choice for intricate and testing matters.”
Chambers USA quoting client statements about WilmerHale’s antitrust practice


WilmerHale has one of the premier antitrust litigation practices in the world. We are consistently recognized by Chambers and Global Competition Review as a leading antitrust firm both in the United States and Europe. To that strength we add one of the world’s leading litigation and arbitration practices—recognized for our ability in cartel cases, intellectual property litigation and US Supreme Court advocacy. Unlike many other firms, our antitrust litigators are not just general litigators who have handled an antitrust case or two at some point in their careers. Instead, we have more than 20 lawyers for whom antitrust litigation is their primary or sole practice, and more than 40 more for whom antitrust litigation is a substantial percentage of their overall practice.

Throughout the US, UK and Europe we have successfully represented clients in major antitrust litigation. We have compiled a remarkable record of resolving antitrust claims through summary disposition, at trial, and on appeal against both private and government plaintiffs in the United States. We also have substantial experience in litigating against the European Commission and national competition authorities before the European Courts and the national member state courts. Our European antitrust litigators help clients navigate through civil antitrust litigation in the courts of some of the most important jurisdictions in Europe, including the UK and Germany. We have been involved in some of the largest, most complicated and most prominent matters of this kind.

Experience

Currently, we are defending clients in several ground-breaking private antitrust suits in the UK, Germany and the Netherlands. In addition, we often are engaged as coordinating counsel in global antitrust litigation matters, supervising litigation not only in the United States and Europe, but in Australia, Canada and elsewhere around the globe.

Representative matters include:

  • In re Rail Cartel Damages Litigation (Frankfurt District Court). Representing German railway company Deutsche Bahn AG in litigation before a German court against suppliers of rails concerning damages from the rail cartel. In 2012 and 2013, the German cartel authority had imposed significant fines on a number of steel producers for bid rigging and price fixing in the German rail market. On behalf of Deutsche Bahn AG, we filed a follow-on lawsuit for damages from the direct supply of rails to our client in late 2012. A few months later, we assisted our client in achieving two major settlements. Litigation against four defendants remains pending. This is one of the largest and most complex antitrust damages cases in German history and has received much attention in the press. Our team won the Global Competition Review global “Litigation of the Year 2014” award for its work on this matter.
  • FTC v. Intel Corporation (FTC). Defending Intel in the FTC's administrative complaint alleging violations of Section 5 of the FTC Act and antitrust violations relating to monopolization in computer microprocessor and other computer-related markets.
  • In re Automotive Parts Investigation (U.S.D.C. E.D. Mich.). Representing Japanese auto parts manufacturer DENSO and its US subsidiary in a criminal antitrust investigation and civil class action litigation. We secured a favorable settlement on behalf of DENSO with the Department of Justice in the largest antitrust investigation in US history.
  • FTC v. Cephalon; King Drug v. Cephalon; Vista Healthplan v. Cephalon; Apotex v. Cephalon (U.S.D.C. E.D. Pa.). Defending one of the world's fastest-growing biopharmaceutical companies in multiple lawsuits, including one brought by the FTC, challenging patent litigation settlements between Cephalon and four companies seeking FDA approval to market generic versions of Cephalon's leading pharmaceutical product, Provigil®.
  • In re Air Cargo Antitrust Litigation (U.S.D.C. E.D.N.Y.). Defending a major European air carrier in more than 100 consolidated private antitrust class action damage claims arising from the Justice Department's investigation into alleged price fixing among major air cargo carriers. We negotiated a favorable settlement and are assisting the companies in their ACPERA cooperation.
  • In re Margin Squeeze Damages Litigation (Cologne District Court/Düsseldorf Court of Appeals/German Supreme Court). Defending Deutsche Telekom AG against civil antitrust damages claims brought by eight competitors in separate follow-on lawsuits in Germany as a result of an alleged margin squeeze between wholesale and end-customer rates in the local loop from 1998 to 2003. The Cologne District Court dismissed two cases entirely; two other cases were partially dismissed; and in one case, the District Court indicated that it would fully dismiss the case. Subsequently, six of the claims have been settled. One of the two remaining claims was fully dismissed by the Düsseldorf Court of Appeals; the other claim was partially dismissed. Both remaining cases are currently pending before the German Supreme Court (Bundesgerichtshof).
  • Research in Motion Ltd., et al. v. Motorola, Inc. (U.S.D.C. N.D. Tex.). Asserting antitrust and breach of contract claims in the US District Court for the Northern District of Texas arising out of a competitor's refusal to license patents declared essential to ETSI and IEEE on fair reasonable and non-discriminatory (FRAND) terms.
  • In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (U.S.D.C. E.D.N.Y.). Representing a major MasterCard issuer in defending against a massive, multidistrict antitrust class action filed on behalf of merchants against Visa, MasterCard and the major payment card issuers alleging that the interchange fees set by Visa and MasterCard for processing credit card transactions are unlawful.
  • Princo v. International Trade Commission (Fed. Cir.). Representing Philips in persuading the Federal Circuit en banc to overturn a two-to-one panel decision that held that an exclusive cross-licensing agreement between Philips and Sony constituted patent misuse, and in successfully opposing petition for certiorari.
  • In re Insurance Brokerage Antitrust Multidistrict Litigation (U.S.D.C. D.N.J.). Representing one of the leading US insurance carriers in defending against a massive antitrust and RICO class action filed against most of the country's leading insurance carriers and brokers in the wake of Eliot Spitzer's investigation of Marsh McLennan and other major insurance brokers. The district court three times granted our motions to dismiss all claims in the case. WilmerHale Partner Seth Waxman argued the appeal of the final decision dismissing the claims with prejudice before the Third Circuit on behalf of the 15-defendant joint defense group. The Third Circuit's decision is pending.

Publications & News

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July 1, 2015

WilmerHale Named a Leading National Firm in the United States by The Legal 500

The Legal 500 United States has released its annual rankings, selecting WilmerHale as one of the preeminent law firms in the country.

June 1, 2015

WilmerHale Partners Recognized as Outstanding Women Lawyers by The National Law Journal

WilmerHale congratulates Partners Susan Murley, Jamie Gorelick and Sharon Cohen Levin for being named to The National Law Journal’s (NLJ) inaugural list of Outstanding Women Lawyers.

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.

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.

December 5, 2014

Provigil and Nexium: Conflicting Conclusions About Accelerated Entry Provisions in Hatch-Waxman Settlements

An article by Mark Ford, Peter Spaeth and Dana Burwell, published in the December 2014 edition of Bloomberg BNA's Pharmaceutical Law & Industry Report, Vol. 12, No. 1659.

November 13, 2014

Standard-Essential Patents and US Antitrust Law: Light at the End of the Tunnel?

A chapter co-authored by Leon Greenfield, Hartmut Schneider and Perry Lange, published in the International Bar Association's Communications and Competition Law: Key Issues in the Telecoms, Media and Technology Sectors.

November 4, 2014

U.S. News – Best Lawyers® Release 2015 “Best Law Firms” List, Names WilmerHale International Arbitration “Law Firm of the Year”

The 2015 U.S. News - Best Lawyers® "Best Law Firms" list includes WilmerHale being named a first-tier law firm in 24 national and 62 metro-area rankings. In addition, the firm boasts more than 20 second- and third-tier rankings in several national and metro-area rankings.

October 24, 2014

Regal Entertainment Beats Antitrust Lawsuit Over Exclusivity Pacts With Big Studios

An article published on October 24, 2014, in Hollywood Reporter on the "clearance" case ruling in favor of WilmerHale client Regal Entertainment Group.

July 30, 2014

Global Competition Review USA Litigator of the Week: Heather Tewksbury

An article by Global Competition Review featuring WilmerHale Partner Heather Tewksbury, who was named as its USA Litigator of the Week.