European Competition Law

Wilson Sonsini's Brussels office supports both industrial and digital businesses with their most important competition law matters. As part of an integrated global group that, according to Global Competition Review’s GCR 100 2020, “sits squarely inside the top 15 global antitrust practices,” and which has been characterized as “perhaps the best antitrust and competition practice for high-tech matters in the world,” our European team regularly represents clients in matters before the European Commission, as well as the national competition authorities in France, Germany, Spain, and the United Kingdom.

The firm's European competition practice offers clients at every stage of their life cycle the full range of competition law services, both at the EU level and in Europe’s major economies. 

Our Brussels-based lawyers have advised on some of the most complex cross-border transactions and investigations, including recent representations for Air France-KLM, Align Technology, Coherent, Dell, Dolby, Glencore, Google, Mastercard, Michelin, Mylan, Outbrain, Pacific Biosciences, Plaid, and W.R. Grace on the full spectrum of competition law issues, including the following:

Merger Control

The European competition team members, who work closely with their U.S. colleagues on parallel merger control reviews carried out by the European/UK and the U.S. antitrust agencies, have significant experience advising the merging parties in Phase I and Phase II investigations under the EU Merger Regulation and the national merger control regimes in Europe's major jurisdictions. In addition to advising parties to the transaction, we counsel interested third parties such as complainants in merger reviews.

Cartel Investigations

Our attorneys have extensive experience advising clients at all stages of cartel investigations (including, most recently, involvement in the EU's capacitors, forex, and optical disk drives investigations) until the adoption of a decision, and thereafter in the preparation of litigation and appearance at court. We also advise third parties such as trade associations and customers of alleged cartels with respect to investigations and litigation.

Horizontal Collaboration and Vertical Agreements

Our Brussels-based lawyers regularly counsel clients on the application of Article 101 TFEU to complex horizontal and vertical commercial agreements, including joint ventures, strategic alliances, distribution agreements, pricing and licensing agreements, joint marketing agreements, and R&D agreements. We also assist in the preparation of self-assessments and advise on the operation of sophisticated information exchange systems between competitors.

Abuse of Dominance

We have extensive expertise in unilateral conduct issues under Article 102 TFEU, including at the interim measures phase of a case. Our services include counseling corporations that may be found to hold a dominant market position, defending targets of investigations by competition authorities, and representing complainants in such investigations. We also frequently provide counseling in relation to potential Article 102 issues, such as the design and implementation of compliant rebate schemes and refusal to supply issues. Our team has significant experience in relation to semiconductors, app stores, life sciences, and industrial products.

National Competition Laws

An integral feature of our European competition law capability is our role as an advisor on matters subject to review by the national competition authorities of France, Germany, Spain and, post-Brexit, the United Kingdom. Furthermore, our attorneys coordinate the provision of competition law advice in other jurisdictions in cooperation with experienced local counsel, serving as sole client contacts and thereby offering a "one-stop shop" in major international transactions and investigations.

Wilson Sonsini's strength in competition litigation rests on a sophisticated understanding of our clients' businesses and technologies, and our ability to execute creative and aggressive responses to the challenges they face.