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.


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


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.

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.

August 17, 2015

WilmerHale Lawyers Named Among the 2016 Best Lawyers in America®, Seven Recognized as Lawyers of the Year

Best Lawyers in America® recognizes 99 WilmerHale lawyers and names seven partners as Lawyers of the Year in its 22nd edition. Only one lawyer in each legal practice specialty within each region is honored as a Lawyer of the Year.

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.