International Competition

Heller Ehrman's International Competition practice provides legal counseling and representation in European Commission and European Union Member State proceedings involving abuse of dominance, cartels, intellectual property licencing and mergers. Our practice is a cornerstone of the firm's new London office, and is led by a former Member of the Irish Competition Authority and representative to the European Commission Advisory Committee of Member States. Lawyers in the International Competition practice have substantial experience in multi-jurisdictional mergers & acquisitions, cartel enforcement and dominent firm conduct cases.

This practice complements our firm's International Corporate and Asia practices and is fully-integrated with our Antitrust Regulatory practice in the United States. Together, we work with regulatory enforcement officials throughout the European Union to help our clients assess and mitigate risks encountered with business transactions in Europe.

As one of the few U.S. law firms with an American antitrust lawyer who recently served as a senior official in an EU enforcement agency, Heller Ehrman offers perspective and understanding of complex cross-border transactions and matters for our clients. Our distinctive background provides clients with hands-on experience and a coordinated approach in appearing before the European Commission as well as regulatory and enforcement agencies in the member states of the European Union, such as the United Kingdom.

Facts About Our Practice

• Participated in drafting and reviewing the European Commission's 2004 Merger Guidelines.
• Successfully sought revisions to the Technology Transfer Block Exemption Regulation, governing the licensing of IP rights in the European Union.
• Drafted critical comments to the European Commision's proposals for reform of Article 82 with respect to unilateral conduct by "dominant" firms, arguing for a more economic effects-based test.
• Served on the Experts' Committee providing critical comments to the European Commission's Green Paper, which proposes to introduce Community-wide rules to facilitate private damage actions for violations of European competition laws.
• Developed coordination mechanisms and "best practices" among national competition agencies in Europe, Asia and the United States for international cartel investigations.
• Prepared and edited a comprehensive Merger Guidelines Workbook and a  Merger Remedies Study on behalf of leading enforcement agencies in the U.S. and Europe, cataloging "best practices" utilized in merger review and merger remedies.

Representative Engagements

• Acted as lead counsel for Asiana Airlines in a coordinated cartel investigation by authorities in the United States, the European Community and Korea.
• Provided guidance and representation to multi-national firms on EU and China merger filing requirements.
• Advise the Irish Competition Authority on procedures for merger divestitive remedies.  
• Provided counseling to an array of technology firms with respect to licensing of IP rights in Europe.
• Appeared before the European Commission in connection with the merger issues involving Worldcom/MCI, Worldcom/Sprint and Boeing/Mcdonnell Douglas.
• Prepared economic effect study for H.J. Heinz Company in a cartel investigation before the Italian Antitrust Authority involving the infant formula industry.
• Earned distinction as the first firm selected to represent the leading Chinese pharmaceutical manufacturer in major antitrust class action litigation.