Global Competition Review 100, 2019
Or why Whole Foods instructed us to represent it before the FTC, why Telenor came to us for the European Commission’s review of its mobile telephony merger in Denmark and Aland Jiangsu Nutraceutical Co. chose us to defend it in the first cartel case ever brought against a Chinese company in a U.S. court.
Simply, we are relentless in helping our clients.
The tireless pursuit of business success would mean little if we didn’t have the skill and experience to back it up. Our lawyers have helped shape antitrust law in groundbreaking decisions in the United States, Europe and Asia. Our success as lead counsel in the landmark U.S. Supreme Court decision in Continental T.V. v. GTE Sylvania laid the framework for modern antitrust analysis in the United States. We were the first firm to try a follow-on damages case in the UK. We also tried the first case to be accepted by the Beijing First Intermediate People’s Court under the 2008 Chinese Anti-Monopoly Law.
Our record of success is well recognized. We are “highly recommended” in California by the Global Competition Review. Chambers USA 2017 and Chambers Europe 2017 rank members of our team in California, Washington, D.C., France and the UK. And Chambers USA 2017 reports that we have a “combination of terrific client focus and dedication" as well as "great knowledge of the substantive area."
When you’re facing an investigation brought by government regulators, understanding their mindset and priorities is key. Not only in cartel or abuse of dominance cases, but also in sector inquires and merger control investigations. From Washington, D.C., to Brussels to Beijing, we have that perspective.
Members of our team have served in the Antitrust Division, the FTC, the European Commission and the UK’s Office of Fair Trading (now the Competition and Markets Authority). Our group also includes a former director of the antitrust unit of France's national competition authority (Autorité de la concurrence).
In the transactional arena, we have represented dozens of leading companies in obtaining merger clearance at the FTC, the Antitrust Division, the European Commission and other authorities smoothing the way for strategic business combinations. These include Instagram in its $1 billion sale to Facebook, Crane Co. in its $800 million acquisition of MEI Conlux Holdings, Paddock Labs in its $540 million asset sale to Perrigo, Areva T&D’s €4.1 billion sale to Schneider and Alston, and Yammer in its $1.2 billion sale to Microsoft.
Of course, much of the work we do is designed to help clients avoid investigations litigation in the first place. Our counseling practice draws upon deep experience in navigating the most complex antitrust issues with respect to dominant firm conduct, joint ventures, distribution restrictions, antitrust compliance and other areas.
Through our technology sector work, we have developed a strong focus on areas at the intersection of antitrust law and intellectual property law. We counsel leading global tech companies and startups on intellectual property licensing and enforcement and competitive intelligence.
Antitrust and competition strategy requires a global perspective. We help companies develop strategies that are effective and consistent across the entirety of their operations. We also help create a cohesive strategy and action plan for dealing with regulators worldwide, especially in the context of cartel investigations and M&A transactions.
Orrick represented Telenor ASA in the European Commission’s Phase II investigation of its merger with another mobile network operator in Denmark. This was the first four to three mobile merger reviewed by Commissioner Vestager.
Orrick obtained complete dismissal of an Israeli software company’s billion-dollar federal antitrust lawsuit against Microsoft, and defeated the plaintiff’s appeal and petition for certiorari.
Orrick represents DHL in its bid to recover approximately $300 million in overcharges resulting from an air cargo price-fixing cartel. Orrick has secured substantial settlements from 13 carriers and defeated United Airlines’s motion to dismiss, obtaining a ruling that United’s bankruptcy discharge did not apply to DHL’s claim.
Orrick represented Aland Jiangsu Nutraceutical Co., one of the four major Chinese manufacturers of vitamin C, in the first-ever antitrust case in the U.S. courts against Chinese companies. The case, a class action, was based on allegations that the manufacturers fixed the price of vitamin C exported to the United States. Orrick negotiated a favorable settlement for Aland – the jury found the non-settling defendants liable, and judgment was entered for more than 15 times Aland’s settlement amount.
Orrick represented Crane Co. before the EU Commission in its acquisition of MEI. The transaction cleared at Phase I, subject to commitments.