Antitrust and Competition Disputes, on Both Sides of the “v.”: Quinn Emanuel has one of the world’s leading antitrust practices, with unique experience, capabilities, and resources to successfully represent both plaintiffs and defendants in antitrust and competition disputes in the U.S. and abroad. When representing antitrust plaintiffs, we have recovered billions of dollars in both class actions and representations of plaintiffs in private litigation and “opt-out” cases. In 2015 alone, we recovered over $2.5 billion for antitrust plaintiffs. Courts frequently appoint Quinn Emanuel to serve as lead or co-lead plaintiffs’ counsel in some of the most significant antitrust class actions, and leading corporations have turned to Quinn Emanuel for the pursuit of antitrust damages and injunctive relief. On the defense side, we have achieved victories for companies, in a range of industries, accused of antitrust and competition law violations. We have won dismissals by motion, and we have negotiated excellent settlements for our clients, including several settlements not requiring any monetary payment. But we are also a firm with the genuine ability to take antitrust cases to trial, and we have done so with frequent success, including a defense jury verdict for our client Micron in a multi-billion dollar case that was perhaps the most significant U.S. antitrust jury trial of the past decade.
We find that our experience, stature, and relationships in the plaintiffs’ antitrust bar help us provide the most effective representation on the defense side and vice versa. 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.
Quinn Emanuel’s antitrust 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. Our antitrust lawyers are accomplished courtroom advocates with a deep understanding of competition law. In 2012 and 2015, Law360 recognized our antitrust practice as one of the top five in the U.S. The Recorder selected Quinn Emanuel as one of the “Leading Antitrust Litigation Departments of the Year 2015.”
A Truly Global Network for Antitrust and Competition Matters: Quinn Emanuel is at the forefront of antitrust and competition matters that are increasingly complex and often multi-jurisdictional. Global antitrust issues require a global strategy. Quinn Emanuel’s worldwide resources – from the United States to Europe, the Asia-Pacific and Australia – enable us to execute comprehensive global strategies, taking account of the differences of national laws, efficiently because we do so as a single law firm.
Antitrust and Competition Matters Across A Full Range of Industries: Quinn Emanuel has achieved success in both cartel and monopolization/abuse of dominance matters across a broad range of industries and businesses. The firm has broken ground in competition and market manipulation cases involving the financial services industry, developing major collusion claims against the world’s largest banks – often without the benefit of regulatory settlements or criminal guilty pleas. The $1.87 billion settlement the firm achieved in the credit default swaps antitrust case is one of the largest in antitrust history. And in the ISDAfix antitrust case, the firm has already negotiated more than $400 million in settlements with six banks.
Quinn Emanuel has experience and achieved major victories in the full range of industries. Examples of those successes include:
Intersection of Antitrust and Intellectual Property: We have been pioneers in dealing with issues at the intersection of intellectual property and competition. 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, FRAND commitments, monopolization of newly developed technologies and related patent abuse, ITC proceedings, and transnational antitrust enforcement. 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.
Intersection of Antitrust and Bankruptcy: We have pioneered antitrust and competition claims against companies that declare bankruptcy. Working with our market leading bankruptcy disputes practice, Quinn Emanuel has 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 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 recently won an important ruling that a party emerging from bankruptcy could be jointly and severally liable for the damages caused by an antitrust conspiracy (even during the period prior to bankruptcy) based on post-bankruptcy participation in the conspiracy.
Investigations: 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, particularly in the U.S. and Europe. 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 handle both of those critical roles.
Our lawyers have represented clients in both civil and criminal antitrust investigations initiated by the Department of Justice, the FTC, the CFTC in the U.S. and DG Comp in the EU, Competition and Markets Authority in the UK and its equivalent in other countries. We have over 20 former U.S. federal prosecutors, many with extensive experience in antitrust-related matters. One of our partners has served 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 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 the authorities to investigate such conduct. We know how to communicate with the Department of Justice, the European Commission, and EU national competition authority lawyers when appropriate.
Our Team Leaders: Our antitrust practice chair, Stephen Neuwirth of the firm’s New York office, has been recognized as a “Titan of the Plaintiffs’ Bar” by Law360, which also named Stephen one of just five antitrust “MVPs” in 2017. Chambers USA has ranked Stephen in Band 1 and Band 2 nationally for plaintiffs’ antitrust law. Corporate LiveWire named Stephen the U.S. Antitrust and Competition Lawyer of the Year in 2016; the National Law Journal in 2015 identified Stephen as an Antitrust “Trailblazer”; and LMG Life Sciences ranked Stephen as a Non-IP Litigation Star in 2017. Dan Brockett, also of the New York office, was named by Law360 as an antitrust “MVP” in 2015 and named a “Litigation Trailblazer” by the National Law Journal in 2016. ALM Magazine also listed Dan as one of the New York area’s Top Rated Lawyers.
Trevor Soames, managing partner of our Brussels office, has long been recognized commentators as one of a handful of leading Brussels players in competition law. In addition to the accolades Trevor has received for his competition work generally, Trevor repeatedly has been identified by Euromoney as one of the top 20 aviation lawyers in the world and ranked #1 in Belgium in Global Competition Review’s International Who’s Who of Aviation Lawyers. Stephen Mavroghenis of the Brussels office has been ranked as a leading competition lawyer by Global Competition Review, Chambers, Legal 500, and the International Who’s Who of Competition Lawyers. Global Competition Review named Stephen in 2012 as one of its “40 under 40” of the world’s brightest young antitrust lawyers. Brussels office partner Miguel Rato was a member of the team that won the Legal Business award for Competition Team of the Year in 2010. From May 2004 to November 2005, Miguel worked as a Référendaire (Clerk) at the General Court of the European Union (EGC) in Luxembourg. Miguel also lectures on EU competition law and intellectual property at the Brussels School of Competition.
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. In addition, Kate Vernon of our London office is recognized by Chambers & Partners and Legal 500 in the area of competition law and featured in The Lawyer “Hot 100” in the UK in 2006.
In Germany, competition partner Nadine Herrmann has been recognized by Juve, the leading legal directory, for her expertise at the intersection of IP and competition law. Nadine has authored a textbook on EU competition and German unfair competition law. Nadine divides her time between Quinn Emanuel offices in Germany and Brussels and has active practices in both locations.
Law360 selected New York partner Steig Olson as a rising star in competition law in 2014. Washington, D.C., partner Ethan Glass joined the firm from a management position at the U.S. Department of Justice’s Antitrust Division, where he received the Attorney General’s John Marshall Award for Trial of Litigation among other awards.
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 U.S. 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: