White & Case
  Antitrust

"The global competition group at White & Case is the king of the novel antitrust case."
"For years now, [White & Case] has brought a string of unique and contemplative antitrust cases that have challenged the conventional wisdom at the antitrust agencies and broken new ground in court."
Global Elite in Antitrust/Competition
Global Competition Review

Antitrust Group of the Year: 2013, 2012 and 2011
Law360

"White & Case has extensive capability in all aspects of competition and antitrust law."
"This US firm has one of the most extensive office networks in the market and is no stranger to complex multi-jurisdictional competition and antitrust matters."
"White & Case 'is singled out for its expertise in pharma antitrust patent cases' and 'also stands out for its work on the cartel side."
Chambers Global

"This firm remains a popular choice for prestigious clients with cross-border mandates."
"'The group is very responsive, praiseworthy in its provision of high-quality advice and excellent industry sector expertise.'"
Chambers Europe

"White & Case delivers 'excellent service and rapid response times' and is 'the best in terms of the quality of the work product.'"
Legal 500 United States

"White & Case LLP Avocats Advocaten has a substantial presence in 'every area of antitrust law.'"
Legal 500 Europe, Middle East and Africa

Clients throughout the world seek the advice of White & Case antitrust lawyers. They count on our extensive experience in litigation against governmental authorities or private parties, counseling on delicate questions and comprehensive worldwide coverage of merger control regimes.

White & Case has experience in all aspects of global cartel investigations, including global diversity, parallel civil Sherman Act class actions, European Union proceedings, extradition and extraterritorial discovery.

We advise clients worldwide on the complexities of proposed cross-border transactions (mergers, joint ventures). We produce a regularly updated comprehensive catalogue of global merger notification requirements.

With more than 180 lawyers on four continents, we offer our clients an integrated worldwide team of competition law experts, providing a coordinated approach to the increasingly global competitive issues facing our clients: corporations; investment banks; partnerships; trade associations; exchanges; and individuals. We are recognized by Global Competition Review, the leading international authority on competition law and practice, as one of the world's top competition practices.

The international nature of our practice has enabled us to develop particular experience in advising on cross-border or international mergers and acquisitions, joint ventures, licensing and distribution arrangements and criminal investigations. We also offer comprehensive advice on national requirements in over 70 countries worldwide. We have been privileged to handle some of the most complex multijurisdictional antitrust matters of recent times.

We are in constant direct contact with the world's most influential antitrust authorities through the multijurisdictional specialists in our Washington, New York and Brussels offices. They work closely together with our other competition lawyers worldwide, allowing us to advise on the full range of competition issues in virtually all jurisdictions. Many of our other offices also offer comprehensive global antitrust counseling, including, Tokyo, Mexico City, Paris, Moscow, Helsinki, Istanbul, Warsaw, London, Hamburg, Prague and Bratislava.

Experience

  • Trials/Litigation: We regularly represent clients in courts and tribunals throughout the United States—including the Supreme Court—the European courts and national courts in cases involving cartels, parallel civil/criminal proceedings, civil class actions and arbitration. Among the clients that have used our services are DuPont, Toshiba, Canon, Microsoft, the European Commission, GlaxoSmithKline and UEFA.
  • Mergers/Joint Ventures: We guide clients smoothly through the U.S. quick look and EU Phase I and Phase II pre-merger processes so that their transactions are completed promptly and efficiently. We have exceptional experience and a good record of success in coordinating pre-merger advice and notifying of transactions in more than 100 jurisdictions around the world. We liaise, advocate and negotiate directly with the national and international merger review authorities.
  • Pharmaceutical Antitrust Litigation: We have unparalleled experience in defending branded, specialty, and generic pharmaceutical firms against antitrust-based challenges. Our experience includes government and private litigation, trials and appeals. We are the only law firm with two "reverse payment" trial victories. Our work on behalf of pharmaceutical clients includes defense against challenges to "reverse payment" patent settlement agreements, "product-hopping," Walker Process fraud before the USPTO, "sham" IP enforcements and FDA petitioning, and other allegations of improper conduct to delay or inhibit generic competition.
  • Government Investigations/International Cartels: Major advances in international cartel enforcement over the last few years have been characterized by a rise in cooperation between competition enforcement agencies around the world, and increased fines for cartel participants. Our global team represents complainants and defendants in complex antitrust investigations, including price-fixing investigations and parallel industry-wide class actions.
  • Class Actions: Clients facing antitrust class action lawsuits can turn to our experience in defending these suits and related claims around the world. Our recent experience includes three Supreme Court cases involving class actions, the largest antitrust jury trials of 2012 and 2013, and several of the largest antitrust class actions pending in the US today. Our team has also obtained two of the leading defense victories in antitrust class actions at the US federal appellate level, a landmark Supreme Court ruling on class arbitration and many other significant wins around the world. We are also at the cutting edge of advising multinational clients on the implementation of representative litigation rules in jurisdictions worldwide.
  • Merger Litigation: The ability and willingness to litigate is an important element of success in merger transactions. We have substantial experience in litigating before antitrust agencies. We successfully defended SunGard Data Systems against the US Justice Department's challenge to the acquisition of its rival, a landmark decision that went from complaint to decision in less than three weeks.
  • Regulatory Matters/Business Practice: We offer extensive cross-border regulatory and practical business experience in the complex issues that transnational corporations face in their vertical and horizontal relationships with suppliers, customers and competitors. We advise on pricing issues, exclusive dealing arrangements, licensing, joint ventures, territorial restrictions, suggested resale prices, minimum advertised pricing programs, volume and functional price discounts, rebates and promotional allowances, requirement contracts, exclusive distributorships and MFN clauses in jurisdictions throughout the world.
  • Counseling and Compliance: We assist clients in a wide range of industries with US, EU and international antitrust compliance issues. We advise clients on a day-to-day basis concerning business transactions that may raise antitrust issues. We develop individually tailored compliance programs for our multinational clients, and give presentations, seminars and in-house training to their staff on how to apply those programs in the daily practice of their industry, with special emphasis on aiding frontline personnel to minimize the risks of an accusation of anti-competitive behavior.
  • In the United States, we counsel complaining parties and targets of government civil and criminal enforcement actions at both the state and federal levels, on issues ranging from alleged violations of Sections 1 and 2 of the Sherman Act to alleged violations of the Robinson-Patman Act.
  • In the European Union, our recent involvement in cartel cases has included the cement, lysine, nucleotides, newsprint, steel, tanker shipping, chemicals, plastics, and insurance sectors.

White & Case Antitrust/Competition "Firsts"

  • First federal court loss in District Court for the FTC's attack on reverse payments—In re: AndroGel Antitrust Litigation
  • First to litigate and defend an amnesty agreement in the world—Stolt-Nielsen v. United States; United States v. Stolt-Nielsen
  • First EU case on misuse of standards—Rambus
  • First extradition case brought by US DOJ—Ian Norris
  • First injunction against an amnesty criminal prosecution—Stolt-Nielsen v. United States
  • First Hartford Fire extraterritorial reach of the Sherman Act jury trial—Dee-K v. Heveafil
  • First patent settlement agreement trial—FTC v. Upsher-Smith (K-Dur) 
  • First and second patent settlement appellate wins—Valley Drug & Upsher-Smith
  • First and second reverse patent settlement trial wins – Kaiser, K-Dur
  • First simultaneous co-promote patent settlement agreement—Kos Pharmaceuticals (Barr Labs)
  • First simultaneous merger patent settlement agreement—Sepracor Pharmaceuticals (Arrow Pharma)
  • First cartel case trial within a merger trial—United States v. UPM
  • First software merger trial victory—United States v. SunGard
  • First class action defeats via arbitration clause enforcement—Stolt v. JLM Industries
  • First forced patent license cases—IMS Health
  • First decision to hold the US Antitrust Division to have violated Due Process Rights—United States v. Stolt-Nielsen
  • First FOIA loss for the US Antitrust Division—Stolt-Nielsen v. United States
  • First jury trial defeat of reverse payment case—Kaiser v. Abbott
  • First consent decree patent settlement agreement—In re: AndroGel Antitrust Litigation
  • First use of FRE 502 in helping to defeat sham patent litigation antitrust counterclaims—Shionogi v. Mylan
  • First federal district court loss for FTC’s attack on reverse payments—In re: AndroGel Antitrust Litig