Due process


The right to the protection of due process of law is firmly recognized in every civilized society around the world. In the US, for instance, this right is enshrined in the Fifth and Fourteenth Amendments to the US Constitution, which plainly provide that no person shall be "deprived of life, liberty, or property without due process of law." At its core, due process is about fundamental fairness in governmental actions. And antitrust defendants—criminal and civil, individual and corporate—are no less deserving.

White & Case has a long track record of fighting for our clients' due process rights when infringed, and in doing so, creating longstanding precedent, shaping constitutional issues in antitrust, and protecting defendants for decades to come.

Before the European Court, White & Case has been the first firm ever to have secured the partial annulment of a European Commission dawn raid decision for lack of sufficient indicia (Nexans v Commission, T-135/09). White & Case also secure a total annulment of the inspection decision in the Intermarché Casino Achats case (C-693/20 P).

White & Case Antitrust/Competition has now defeated the US Antitrust Division, the European Commission, the Australian Competition and Consumer Commission, and the Comisión Federal de Competencia Económica in judicial cases vindicating fundamental constitutional principles, such as due process, the right to confront witnesses, and the right to be free from unreasonable search and seizures (for example in dawn raids). No other law firm has this track record against competition agencies in court, defeating them on fundamental constitutional principles.


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Only team to win "Competition Group of the Year" 7 times

Top 3 in the "Global Elite"
GCR 100 2023

Top 6
Cross-Border Antitrust
Chambers Global 2023

"The global antitrust team at White & Case is second to none. They are a true one stop shop, where the firm's offices work as one team trying to solve their client's business needs."
Legal 500 US 2021

"It has wide experience, deep bench strength and is able to expertly navigate the hurdles that foreign jurisdictions provide. Its ability to cover a vast geography ensures its clients receive Rolls-Royce service internationally."
Chambers USA 2021

"If you want fighters, White & Case is the firm to go to."
Global Competition Review 2019

"Clients entrust White & Case with their 'must-win' matters."
Chambers Global 2017

"The White & Case team is able to take incredibly complicated concepts and simplify them in ways to make them easy to digest and accessible."
Chambers USA 2023


Protecting constitutional rights in government amnesty agreements
When the US Department of Justice Antitrust Division abruptly and unilaterally terminated an amnesty agreement with Stolt-Nielson S.A. (the world's largest chemical tanker operator), White & Case defended Stolt against the resulting criminal antirust indictment by bringing the fight back to the government. Arguing that the government violated Stolt's due process rights, White & Case convinced a federal court to dismiss the indictment in this landmark case, setting the precedent for defendants' rights in criminal amnesty agreements.

Protecting due process in dawn raids
On behalf of Nexans, White & Case secured the first ever (partial) annulment of a European Commission dawn raid for lack of probable cause (fishing expedition). In this case, White & Case also launched before the European Court of Justice the first ever challenge of the European Commission’s power to continue an inspection at their premises, and contributed to setting the law in this area. White & Case managed to secure another (partial) annulment of a dawn raid decision on behalf of Intermarché Casino Achats. In the same case, White & Case brought the first ever challenge of the European Commission’s inspection powers under Regulation 1/2003. Though the Court confirmed the validity of Regulation 1/2003, it also indicated that companies subject to an inspection can appeal, pursuant to Article 263 TFEU, "any measures [taken during the inspection] which produce binding legal effects such as to affect the interests of an applicant by bringing about a distinct change in his legal position". The Court's ruling therefore confirmed that any breach of a company's rights during an inspection may be immediately challenged before the GC, for example, a violation of the right to privacy or of the protection against self-incrimination. This is a great victory for due process.

Protecting the right to confrontation in class actions
The First Circuit's groundbreaking ruling for Allergan/Warner Chilcott in the Asacol antitrust litigation advanced the protection of a defendant's constitutional rights in class actions, and has been relied on as precedent in the First Circuit and beyond to reject class certification where those rights are at stake.

Protecting constitutional rights at trial
Criminal charges of wire fraud, honest services fraud and conspiracy to commit wire fraud were reversed for our client Donna M. Ackerly after we successfully moved with the trial court for a new trial, on the grounds that the government violated her Sixth Amendment right to confront testimonial evidence that was used against her. The First Circuit affirmed the trial court's decision.

Protecting due process in administrative enforcement actions
After the landmark jury trial win in SDNY defeating the US DOJ Antitrust Division (US v. Usher), London-based client Richard Usher, lead Foreign Exchange trader for JPMorgan Chase, faced further US legal action aimed at banning his trading privileges for life from the federal banking regulator's Office of the Comptroller of the Currency (OCC), an independent agency within the US Department of the Treasury. By highlighting the due process concerns the OCC's action raises, Mr. Usher successfully winnowed the OCC's case, eliminating any notion of misconduct and culpability, which brings a substantial challenge to the OCC's case.