Quinn Emanuel is uniquely qualified to assist companies, either as claimants or defendants, in dealing with antitrust and competition disputes. With one of the leading antitrust practices in the United States, and with dedicated antitrust teams in Brussels, London and Germany, as well as offices in the Far East and Australia, Quinn Emanuel is at the forefront of antitrust and competition matters that are increasingly complex and often multi-jurisdictional.
We regularly represent both plaintiffs and defendants in damages claims.
We regularly defend companies in civil antitrust and competition lawsuits. We also represent companies as plaintiffs, both in individual and class actions. Our work representing both plaintiffs and defendants has made us more effective advocates in either context. We can bring to bear our unique insight into the plaintiffs’ and defendants’ bar. We know the strategies they employ. We know their approaches to settlement. Because we have been co-counsel with many of these law firms as defendants and in light of our prominence in the plaintiffs bar, it is easier for our partners to speak candidly with the other side’s lawyers on behalf of our clients. This often allows our clients to avoid senseless disputes and reach business solutions on better terms than other parties to a claim. When acting for defendants, we have managed a number of times to convince class action plaintiffs to drop our clients from the suits, with our clients in each instance not required to make any monetary payment. When acting for plaintiffs, we achieve unparalleled recoveries. In 2015 alone, we recovered over $2.5 billion for plaintiff clients.
A global network.
Competition law issues are increasingly global in nature. Regulators around the world have become much more aggressive. It is becoming much more common for regulators from different countries to share information. Private enforcement actions are being encouraged by new laws such as EU Directive on Private Enforcement. More countries are permitting class actions. Global antitrust issues require a global strategy.
We have 18 offices in 9 countries including key locations such as New York, Washington DC, London, Brussels, Germany, Tokyo and Sydney — all focused solely on dispute resolution, including antitrust and competition disputes. This allows us to formulate and execute comprehensive global dispute resolution strategies, taking account of the differences of national laws. Offering clients a single team for these multi-jurisdictional disputes makes it easier for in-house counsel to supervise, and results in efficiencies because it is a single law firm making the decisions and communicating with the client. These efficiencies translate into more effective representation and lower legal costs.
Litigators who are also antitrust specialists.
Quinn Emanuel’s antitrust dispute resolution practice is not comprised of general litigators who know a bit about competition law or antitrust transactional lawyers who have done a bit of litigation. All our antitrust lawyers are litigators with a deep understanding of competition law. All are also accomplished courtroom advocates.
Our team leaders.
Law360 has named our competition law practice one of the top five in the US. It also recognized the chair of our antitrust practice, Stephen Neuwirth, as one of just eight US antitrust “MVPs” in 2012, and in 2014 he was recognized as a “Titan of the Plaintiffs’ Bar.” Chambers USA has ranked Stephen in Band 1 nationally for plaintiffs antitrust law. Our London based competition litigation partner, Boris Bronfentrinker, was recognized by Global Competition Review as one of the top 40 under 40 competition lawyers globally in 2015, and The Lawyer identified Boris as one of the “Hot 100” lawyers in the UK in 2016. Boris is also recognized by Legal 500 and Chambers & Partners as a leading individual in the area of competition litigation. Additionally, Kate Vernon is recognized by Chambers & Partners and Legal 500 in the area of competition law and featured in the The Lawyer “Hot 100” in the UK in 2006. Quinn Emanuel’s biggest practice area is IP. In Germany, Juve, the leading legal directory, recognized competition partner Nadine Herrmann for her expertise in the intersection of IP and competition law. While, Law360 selected New York partner Steig Olson as a 2014 rising star in competition law. And Washington DC partner Ethan Glass joined the firm from a management position at the U.S. Department of Justice, Antitrust Division, where he spent almost a decade investigating, litigating, and trying some of the most significant antitrust cases in recent memory.
We win at the negotiation table, too.
We have a laser-like focus on what is best for our clients. Often, our clients’ interests are best served by a negotiated resolution of a dispute. Our lawyers are as effective in negotiations and mediations as they are in court. Quinn Emanuel’s reputation for successfully taking cases to trial is well known, and this meaningful litigation threat itself translates into better settlements.
We have pioneered antitrust and competition claims against companies that declare bankruptcy.
Working with our market leading bankruptcy disputes practice, Quinn Emanuel has also been at the forefront of pursuing plaintiffs rights against competition law infringers that subsequently declare bankruptcy. By bringing together teams comprising our antitrust and bankruptcy lawyers, we recently obtained a pioneering certification of a class of antitrust claimants in U.S. bankruptcy court, and through negotiation with the bankruptcy trustee arranged for the class to receive a portion of the proceeds awarded to creditors in the bankruptcy proceedings. We also have expertise in working with administrators in recovering losses suffered by the company in administration as a result of anti-competitive conduct in the market.
Looking at the bigger picture – we understand the importance of investigations and the consequences that follow in terms of civil claims.
Competition investigations and the resultant decisions and plea agreements often spawn multiple civil damages actions, in particular in Europe and the US. The damages exposure in these civil claims can often be far greater than the financial penalties imposed by the competition authorities. Accordingly, companies making an immunity or leniency application and/or facing a competition authority investigation need advisers who can not only effectively advise on the global risks and benefits of making an immunity or leniency application, and defend the investigation, but also prepare the company for any subsequent litigation and how to manage the process strategically from start to finish. Quinn Emanuel is perfectly positioned to be that adviser who can defend companies in investigations while at the same time dealing with the potential implications that findings and evidence contained in authority decisions and plea agreements can have on the subsequent civil claims.
A different relationship with the authorities.
We have represented clients in both civil and criminal antitrust investigations initiated by the Department of Justice, the FTC, the CFTC in the US and DG Comp in the EU, Competition and Markets Authority in the UK and its equivalent in other countries. We have over 20 former US federal prosecutors, many with extensive experience in antitrust-related matters. One of our partners currently serves as National Co-Chair of the American Bar Association’s Criminal Antitrust Committee. Lawyers in our European offices have been involved in some of the most significant investigations by the European Commission and national competition authorities. We have experience in a wide range of industries and regulated sectors, including financial services, pharmaceuticals, automotive, telecommunications, energy (electricity and gas), tourism, sports, retail, and transportation to name a few.
We believe our firm’s disputes-only model gives our clients an advantage as compared to companies that are represented by other firms in contested investigations. Many full service firms consider their relationships with the competition authorities an asset – particularly when those firms are regularly representing companies in transactions such as mergers and acquisitions. These firms are understandably not keen on compromising their relationships. But it is often critical to take tough stands with the authorities in competition investigations. We are fully committed to aggressively protecting our clients’ positions in negotiations with the authorities, who know we will go to trial or appeal if a reasonable outcome cannot be reached.
Pursuing competition claims with the authorities.
We also regularly represent clients who are the victims of anticompetitive conduct before the competition authorities (especially the European Commission). We know how to persuade them to investigate such conduct. We know how to communicate with the US Department of Justice, the European Commission and EU national competition authority lawyers when appropriate.
We have been pioneers in dealing with issues at the intersection of intellectual property and competition.
Intellectual property disputes is the firm’s largest practice area. We have represented clients in some of the most significant IP cases in history, including recently what the press has called “the Smart Phone Wars.” As a direct result, Quinn Emanuel has been at the cutting edge of disputes involving standard setting, monopolization of newly developed technologies and related patent abuse, ITC proceedings, and transnational antitrust enforcement. We analyze, prosecute, and defend claims relating to FRAND commitments and SSO policies and advise on litigation strategies (including the availability of injunctions or FRAND defenses in intellectual property infringement cases).
Our lawyers have also worked with intellectual property rights owners in protecting their rights in the face of competition and free movement claims in the EU and in front of national competition authorities and courts. We also have significant expertise in the application of competition law to the pharmaceutical sector and in the numerous EU and UK “pay for delay” patent settlement competition law infringement cases.
Quinn Emanuel has achieved extraordinary successes when representing corporate defendants in complex, high-stakes, antitrust and competition disputes:
Quinn Emanuel is also a powerhouse on the claimant side, including serving as court-appointed lead plaintiffs' counsel in some of the most significant US antitrust disputes:
We have also acted in some of the most significant matters at the cutting edge intersection of antitrust and intellectual property law, including the emerging issues related to standards setting and licensing abuses, geo-blocking, pay for delay patent settlement agreements, and licensing of IP rights including sports broadcasting rights: