Wesley R. Powell

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8264
F 212 728 9264
wpowellwillkie.com

Wesley R. Powell is a partner in the Litigation Department and a member of the Antitrust Practice Group of Willkie Farr & Gallagher LLP in New York.  Wesley's practice focuses on complex civil litigation with a particular emphasis on antitrust litigation and counseling. His antitrust experience includes litigations, mergers, government investigations and counseling clients, and he regularly appears in federal court and before the antitrust enforcement agencies in connection with those matters. His litigation and antitrust experience spans a range of industries, including consumer goods, defense, energy, health care, payment cards, pharmaceuticals, and retail, among others.

Chambers USA (2007-2016) ranks Wesley among the leading individuals practicing Antitrust Law in New York.  He is also recognized in The Legal 500 United States: Volume III Litigation, New York Super Lawyers and Lawdragon.

Highlights

Wesley R. Powell is a partner in the Litigation Department and a member of the Antitrust Practice Group of Willkie Farr & Gallagher LLP in New York.  Wesley's practice focuses on complex civil litigation with a particular emphasis on antitrust litigation and counseling. His antitrust experience includes litigations, mergers, government investigations and counseling clients, and he regularly appears in federal court and before the antitrust enforcement agencies in connection with those matters. His litigation and antitrust experience spans a range of industries, including consumer goods, defense, energy, health care, payment cards, pharmaceuticals, and retail, among others.

Chambers USA (2007-2016) ranks Wesley among the leading individuals practicing Antitrust Law in New York.  He is also recognized in The Legal 500 United States: Volume III Litigation, New York Super Lawyers and Lawdragon.

Selected Significant Matters

Antitrust Litigation and Merger Counseling

  • Lead Counsel to Silver Lake Management in defense against antitrust class-action challenging alleging joint bidding for acquisition of public companies, and related Department of Justice inquiry
  • Representing MasterCard against price-fixing and related class-action and out-out claims and related state and federal regulatory proceedings (see In Re Swipe Fee Litigation, American Lawyer “Big Suits” column, 10/2012)
  • Represented The Pantry, Inc. in obtaining antitrust regulatory clearance (Federal Trade Commission) of its acquisition by Alimentation Couche-Tard, Inc.
  • Represented The Men’s Wearhouse in obtaining antitrust regulatory clearance (Federal Trade Commission) of acquisition of Jos. A. Bank
  • Represented Thales, S.A. in obtaining antitrust regulatory clearance (Department of Justice) of acquisition of Live TV subsidiary of Jet Blue
  • Represented major broker-dealer in antitrust challenge to alleged trading practices on the New York Stock Exchange
  • Represented defense contractor against exclusive dealing and related antitrust claims brought by competitor
  • Represented seed manufacturer in Genetically Modified Seeds Antitrust Litigation, which resulted in denial of class action status to a group of farmers alleging price fixing in the genetically modified seeds industry
  • Represented MasterCard in In re Visa Check/MasterMoney Antitrust Litigation
  • Represented MasterCard in governance, boycott and tying investigations brought by the Department of Justice

Financial Services Regulation

  • Currently advises firm clients on payments industry regulatory matters globally
  • Represented Mexican Bankers' Association in connection with payments industry regulatory matters in Mexico

Securities and other Litigation

  • Represented publicly traded investment management company in connection with regulatory investigations concerning alleged market timing in mutual funds and related multidistrict civil litigation
  • Represented investment management firm in action challenging suitability of the firm's investments for a pension fund
  • Represented a former senior executive of a mutual fund distribution company in action by the Securities and Exchange Commission concerning alleged mutual fund market timing
  • Represented major financial institution as first lien secured creditor in adversary proceeding in U.S. Bankruptcy Court to enjoin termination of debtor’s most critical contract; obtained permanent injunction and declaratory relief

Selected Professional and Business Activities

  • Member of the New York State Bar Association (Secretary, Antitrust Section), Association of the Bar of the City of New York (Antitrust and Trade Regulation Committee) and the American Bar Association (Antitrust Section).
  • Chair, Partners Group of LGBT Bar Association of Greater New York
  • Co-Chair, Board of Directors of Hetrick-Martin Institute
  • Member, Board of Visitors of College of Arts & Sciences, Vanderbilt University

Selected Publications and Lectures

Publications

  • “After Loss at Trial, FTC Serves Victory for Hypothetical Monopolist Test on Appeal in Healthcare Merger Challenge,” The Antitrust Counselor (October 2016)
  • “Supreme Court Extends ‘Rigorous Analysis’ Standard for Class Actions to Damages Claims in Comcast Corp. v. Behrend,” WFG Client Memorandum (April 10, 2013)
  • “US Anti-Trust Laws: Reach Expanded?” CNBC-India television interview (aired August 10, 2012) and published on MoneyControl.com (August 13, 2012)
  • “Following Wal-Mart v. Dukes, District Court in Ninth Circuit Requires ‘Rigorous Analysis’ in Antitrust Class Certification Decisions,” 9 THE ANTITRUST PRAC. 11 (2012)
  • "The Roberts Court on Antitrust," The Corporate Counselor, Volume 22, Number 6 (November 2007, co-author)
  • "Antitrust Disputes Nixed: SEC Governs IPO Underwritings," New York Law Journal (August 23, 2007, co-author)
  • "Considering Credit Suisse," The Daily Deal (July 9, 2007, co-author)
  • "Abbott Laboratories v. Teva Pharmaceuticals USA, Inc.,” Sherman Section One Newsletter (American Bar Association, Section of Antitrust Law) (Winter 2007, co-author)
  • "Settlement Class Certification: Application of a More Flexible Certification Standard Since Amchem," 4 The Antitrust Prac. 6 (July 2006, co-author)
  • "Update on Patent Settlement Cases," Sherman Act Section One Newsletter (American Bar Association, Section of Antitrust Law) (Spring 2006, author)
  • "Be Careful What You Waive: Giving Up Attorney-Client and Work-Product Privileged Material To Investigators Could Affect Private Litigation Later," Daily Journal Securities Law Update (April 28, 2004 co-author)
  • "Publication of Non-Profit Media Watch-Dog Group Deemed Commercial Speech," Libel Defense Resource Center Libel Letter (August 2001, co-author)
  • "Publishing Without Borders: Internet Jurisdictional Issues," Practicing Law Institute (May 2001, co-author)
  • "Defining Commercial Speech: The Search for Clarity in a Clash of Values," Libel Defense Resource Center Bulletin (April 2001, co-author)
  • “Libel Defense Resource Center 50-State Survey” (Media, Privacy and Related Law), Second Circuit Chapter (2001-2002, co-author)

Speaking Engagements

  • Panelist, “May Developments Update,” (American Bar Association, Antitrust Section, Committee on Corporate Counseling, June 9, 2016)
  • Moderator and Panelist, “Hot Topics in Antitrust 2016.” (Lawline.com, February 17, 2016)
  • Panelist, “US v. AmEx: Reflections and Remedies.” (New York State Bar Association, July 16, 2015)
  • Speaker, “Competition Law – Global Litigation Issues.” (New York State Bar Association International Section, European Conference, March 13, 2015)
  • Moderator and Speaker, “Antitrust Developments in 2014:  The Year in Review.” (New York State Bar Association Antitrust Section Annual Meeting, January 29, 2015)
  • Panelist, “Rule of Reason:  Innovative Application?” (New York State Bar Association Antitrust Section, Horizontal Restraints Committee, October 8, 2014)
  • Program Chair, “Managing Antitrust Risk in the U.S. and Abroad:  Compliance, Investigations, Litigation and IP” (Lawline.com, September 30, 2014)
  • Moderator and Panelist, “Antitrust Compliance Best Practices and Related Ethical Issues” (Lawline.com, September 30, 2014)
  • Panelist, “Back To The Future: Revisiting Class Certification in In re: Visa Check/MasterMoney Antitrust Litigation Under The Standards Enunciated in In re: Initial Public Offering Securities Litigation” (NYSBA, Antitrust Section, Annual Meeting, January 2012)
  • “Defending (and not defending) the Defense of Marriage Act” (May 24, 2011, sponsored by LeGaL and New York County Lawyers’ Association)
  • Co-chair, Panel on “International Cartel Enforcement in the Digital Age: Collection and Use of Evidence Beyond Borders” (NYSBA, Antitrust Section, Annual Meeting, January 2011)
  • Moderator, Panel on “Privilege in the Age of Globalization,” (NYSBA, Antitrust Section, Annual Meeting, January 2009)

Publications / News / Events

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