Both 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. WilmerHale has extensive experience representing clients in these investigations. At trial, we have successfully defended abuse of dominance and competitor collaboration cases in government enforcement actions in the United States and in Europe.
Winning dismissal of the complaint in a Department of Justice antitrust action challenging covenants not to compete in a settlement agreement between our client and a competing producer of long-shelf tomato seeds and receiving affirmation of the dismissal on appeal to the Ninth Circuit.
Representing Deutsche Telekom in the European Commission investigation and ensuing litigation before the European Court of First Instance concerning alleged "margin squeezing” through charges for access to the local loop.
Advising Star Alliance, the first major airline alliance that fundamentally altered the industry's competitive landscape, in the negotiation, drafting and implementation of global passenger and cargo alliance agreements and securing regulatory and antitrust clearances for those agreements in both the United States and Europe.