Antitrust and Competition

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Willkie Farr & Gallagher LLP serves an antitrust world without borders with a well-integrated team of competition lawyers in the United States and Europe and with contacts throughout Asia and Latin America.

The leadership and excellence of our Antitrust Practice Group has been recognized by Chambers and Global Counsel for years. “It is a superb team” and a “greatly respected practice,” clients have reported.  “The attorneys are conscientious, systematic, hard-working and genuinely committed to winning.”  The group has “impressed clients with its depth of antitrust litigation experience” and is “well integrated” across offices and jurisdictions.  In Europe, we are “the name on everyone’s lips,” and are headed by “one of the leading figures” in the area.

Our antitrust team assists clients in expanding their businesses while minimizing legal risks.  We have represented a global client base in national and international merger filings, U.S. and European investigations of all forms of anticompetitive activity, class action and private litigation, and business ventures in multiple jurisdictions.  We have acted in a host of sectors, including financial services and consulting, business and financial information, media, e-commerce, hedge funds and private equity, pharmaceuticals, transports, energy, telecommunication, retail apparel, industrial and chemical manufacturing, and satellite communications.

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Areas of Antitrust Experience

Mergers

Willkie’s merger experience spans a wide range of industries and every stage of the merger-review process.  Whether navigating merger clearances in multiple jurisdictions, negotiating remedies, assessing the risk of antitrust enforcement, negotiating risk-sharing provisions, or representing third parties, businesses have relied on Willkie to achieve their objectives.

Litigation

Willkie has litigated in the United States, in Europe, and Canada, in class action and private litigation, or contentious regulatory proceedings, and across a broad spectrum of industries.

Cartels, Joint Conduct, and Other Investigations

Cartel investigations are increasingly conducted by regulators across the globe.  Willkie provides multi-jurisdictional representation and has handled all aspects of cartel enforcement. 

Our experience includes defending legitimate joint conduct and assisting clients with “dawn raids” and difficult amnesty or leniency decisions. 

Monopolization/Unilateral Conduct

Companies with significant market positions often attract antitrust scrutiny that raises complex issues.  Willkie has litigated monopolization claims, advocated on behalf of companies excluded by unlawful practices, and counseled clients with industry-leading positions to minimize antitrust risk while achieving business objectives.

Pricing and Distribution

Pricing and distribution are at the center of antitrust analysis and can raise novel issues.  Willkie helps clients navigate the antitrust implications of their business arrangements.

Benchmarking

Exchanging information across an industry can be an effective tool for business planning.  Willkie can help clients develop frameworks through which companies can share information effectively within the parameters of antitrust law.

Compliance & Training

Willkie’s antitrust team remains ready to help clients assess their businesses and adapt to constant changes in the regulatory environment and commercial landscape.  We work closely with clients to formulate compliance and training programs that advance their business models.

State Aids

In Europe, a significant part of the team’s activities relates to state aids for which it enjoys a first-class reputation:  it has advised on several undertakings in both administrative and contentious proceedings in the fields of energy, media, and retail banking before both the European Commission and Community courts.

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Highlights

Financial Services Consulting

  • Marsh & McLennan

    We represent March & McLennan in dozens of cases brought by both private plaintiffs and state attorneys general alleging violations of the antitrust laws in federal and state courts across the country.

  • MasterCard

    We represent MasterCard in the settlement of the interchange-fee class actions, the disputes regarding that settlement, and the numerous opt-out cases.  The interchange-fee litigation has been described as the largest in the history of the Sherman Act.

  • FIS

    Representation relates to mergers and acquisitions involving financial services software, related technology, and consulting. 

  • USAA and USAA Federal Savings Bank

    We represent USAA and USAA FSB in financial services and insurance matters.

  • Crédit Mutuel-CIC

    We represent Crédit Mutuel-CIC in a series of high-profile interchange fees cases before the European Commission and the French Antitrust Authority.

  • Other Insurance Companies

    We represent major insurance companies on a range of issues including benchmarking, joint ventures, and the application of the McCarran-Ferguson Act.

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Business and Financial Information

  • Bloomberg

    We represent Bloomberg in litigations, regulatory investigations, and acquisitions in both the United States and in Europe.

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Hedge Funds and Private Equity

  • Silver Lake

    We represent Silver Lake Technology Management in defense of a putative class action brought by shareholder plaintiffs who claim that various private equity firms conspired to constrain the share price of public companies purchased through a leveraged buy-out.

  • Third Point

    We represent Third Point in a confidential antitrust matter and with compliance programs.

  • Warburg Pincus

    We represent Warburg Pincus in numerous matters relating to antitrust litigation, counseling, and compliance.

  • Managed Funds Association

    Representation regarding Hart-Scott-Rodino and other antitrust matters. 

  • Numerous Hedge Funds

    We provide acquisition advice to numerous hedge funds and investors that follow strategic acquisitions throughout the world.

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Telecommunications and Media

  • Orange

    We represent Orange, one of the leading telecommunication services providers in Europe, in litigations and investigations before the European Commission and national competition authorities.

  • France Télévisions

    We represent France Télévisions in state aid litigations and proceedings before the European Commission and Community Courts.

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Transports

  • CMA CGM

    We represent CMA CGM in several antitrust investigations before the European Commission and national antitrust authorities.

  • Air France KLM

    We represent Air France KLM in a wide range of antitrust matters in Europe.

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Energy

  • EDF

    We represent EDF in major litigation cases and acquisitions in Europe.

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Pharmaceuticals

  • Hospira

    We provide antitrust counseling in numerous antitrust pharmaceutical matters.

  • Teva

    We represent Teva in significant acquisitions, litigations, and investigations in multiple jurisdictions throughout the world.

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Internet, Retailing and Distribution

  • Major Internet Platform

    We represent a major internet platform in an ongoing, cross-border antitrust investigation. 

  • eBay

    We represent eBay in cross-jurisdictional regulatory matters.

  • The Men's Wearhouse

    We represent The Men's Wearhouse in acquisition issues.

  • Rexel

    We represent Rexel in acquisitions and antitrust issues across Europe.

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Industrial and Chemical Manufacturing

  • Arkema

    We represent Arkema in antitrust matters in several jurisdictions throughout the world.

  • Mueller

    We represent Mueller in acquisitions, litigations, and investigations in multiple jurisdictions.

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Satellite Communications and Defense

  • Loral

    We represented Loral Space & Communications Inc. in the sale of Space Systems/Loral to the strategic purchaser MacDonald, Dettwiler and Associates Ltd.

  • Thales

    We represent Thales in acquisitions and antitrust issues throughout the world.

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Publications / News / Events

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