GCR100 Global Elite 2017 17 th Edition: Rankings & Editorial Released January 2017 2017 McDermott Will & Emery LLP. These materials may be considered advertising under the rules regulating the legal profession. McDermott Will & Emery conducts its practice through separate legal entities in each of the countries where it has offices www.mwe.com Boston Brussels Chicago Düsseldorf Frankfurt Houston London Los Angeles Miami Milan Munich New York Orange County Paris Rome Seoul Silicon Valley Washington, D.C.
GCR100 Global Elite 2017: Rankings & Editorial Table of Contents Global Elite... Pages 3-4 JURISDICTIONS US... Page 5-9 Illinois Washington Texas Brussels... Page 10 France... Page 11 Italy... Page 12 About GCR100 Compiled by the staff of Global Competition Review, this publication covers more than 300 firms from every inhabited continent, and spotlights the top 25 global competition practices. It also includes the Economics 21, which offers a picture of the world s leading consultancies for antitrust economics advice. Firms are ranked into three categories: elite, highly recommended and recommended. The exceptions are for Brussels and Washington, DC, where GCR added a fourth outstanding category between elite and highly recommended, to better accommodate the two largest antitrust bars. Within each category, the firms are listed alphabetically. Any questions related to GCR100 or McDermott s rankings, please contact Irina Denisova, +44 020 7577 6987 or idenisova@mwe.com. 2
Global Antitrust & Competition Ranking 2017 Ranking 2016 Global Elite List position 24 in Top 25 Global Elite List position 21 in Top 25 Editorial 2017 Editorial 2016 McDermott Will & Emery houses a global competition practice that stretches across several US and European jurisdictions, including Chicago, Houston, Los Angeles, New York, Brussels, Paris, Germany, Italy and Washington, DC. The firm strengthened its practice in Europe at the end of 2015, adding Christian Krohs from one of the Big Four accounting firms in Germany, and Mélanie Bruneau, who is based in the firm s Brussels and Paris offices. The firm has a respected merger control practice across the US and Europe. The team filed 50 Hart-Scott-Rodino filings between July 31 2015 and 30 June 2016, approximately 3% of all deals filed in the US. A handful of which went to second request, including Mountain States Health Alliance/Wellmont Health System and Nagel/MUK-Transthermos. The firm worked on several deals for regular client Lockheed Martin and on a couple for Mars Incorporated. In antitrust litigation, the firm secured an early victory for Steel Dynamics in one of the country s largest private damages claims worth US$17.4 billion, when the US District Court for the Northern District of Illinois denied class certification. The firm also secured a win for Mars in the Chocolate Confectionery Litigation, when the Third Circuit Court of Appeals threw the case out, upholding an earlier decision by a Headquartered in Washington, DC, McDermott Will & Emery s competition practice is supported by experienced lawyers in Chicago, Houston, Los Angeles, New York, Silicon Valley, Brussels, Paris, Rome and Milan. In addition, the firm works closely with MWE China Law Offices to advise clients dealing with Chinese antitrust issues. The firm has bolstered its practice throughout Europe in the past year, hiring Christian Krohs from one of the Big Four accounting firms in Germany and welcoming Mélanie Bruneau, who is based in the firm s Brussels and Paris offices. Practice leader Raymond Jacobsen recently said the firm plans to increase its capabilities across the Europe. The broad practice provides advice in relation to merger review processes, antitrust litigation, investigations and compliance. A recent success was secured for client Dairy Farmers of America as the firm achieved complete dismissal of all remaining claims against the company, the third in a string of victories by McDermott in the long-standing case. Joel Chefitz and David Hanselman led the team defending the client throughout the direct and indirect purchaser cases. Brussels partner Wilko van Weert helped Hitachi and Mitsubishi Electric avoid a DG Comp cartel fine after securing immunity for their joint venture, Renesas, in the commission's smart card chip investigation. 3
Pennsylvania federal district court. Other firms in the Top 25: Freshfields Bruckhaus Deringer (1), Cleary Gottlieb Steen & Hamilton (2), Jones Day (3), Gibson Dunn & Crutcher (4), Baker & McKenzie (5), Latham & Watkins (6), Allen & Overy (7), Hogan Lovells (8), Clifford Chance (9), Wilson Sonsini Goodrich & Rosati (10), White & Case (11), Norton Rose Fulbright (12), Herbert Smith Freehils (13) Arnold & Porter (14), Covington & Burling (15), Skadden Arps Slate Meagher & Flom (16), Ashurst (17), Wilmer Cutler Pickering Hale and Dorr (18), King & Wood Mallesons (19), Baker Botts (20), Shearman & Sterling (21), Dechert (22), O Melveny & Myers (23), Simpson & Bartlett (25) McDermott has also been advising JAB Partners in the acquisition of Procter & Gamble s 43 cosmetics businesses at a value of US$12.5 billion. The firm served as antitrust counsel on the deal alongside Skadden who provided corporate counsel. Further complex matters include advising Motorola Solutions in the acquisition by Zebra of its enterprise business for US$3.45 billion. The firm served as global coordinating counsel and had to pull and refile with the FTC. Global Head: Raymond Jacobsen Other firms in the Top 25: Freshfields Bruckhaus Deringer (1), Cleary Gottlieb Steen & Hamilton (2), Jones Day (3), Gibson Dunn & Crutcher (4), Baker & McKenzie (5), Allen & Overy (6), Latham & Watkins (7), Norton Rose Fulbright (8), Wilmer Cutler Pickering Hale and Dorr (9), Linklaters (10), White & Case (11), Hogan Lovells (12), Arnold & Porter (13), Wilson Sonsini Goodrich & Rosati (14), Ashurst (15), King & Wood Mallesons (16), Herbert Smith Freehills (17), Baker Botts (18), Covington & Burling (19), Skadden Arps Slate Meagher & Flom (20), Weil Gotshal & Manges (22), Shearman & Sterling (23), Simpson Thacher & Bartlett (24), Davis Polk & Wardwell (25) 4
US - Illinois Ranking 2017 Recommended Lawyers 2017 Ranking 2016 Recommended Lawyers 2016 Elite Joel Chefitz Stephen Wu Elite Joel Chefitz Michelle Lowery Stephen Wu Editorial 2016 Editorial 2015 Joel Chefitz is now firmly in charge of the Chicago antitrust practice at McDermott Will & Emery, after former practice leader David Marx shifted to an of counsel role last year. Chefitz leads a seven-partner team in Chicago that often collaborates with its colleagues in Washington, DC and elsewhere to advise on deals, but he says it also handles a fair amount of merger work itself. Former FTC official Stephen Wu is a top name in the practice, particularly for healthcare clients. In court, the firm s docket is as impressive as any in the city. Chefitz and others are taking the lead for Steel Dynamics, one of three remaining defendants in the ongoing steel antitrust litigation parked in Chicago federal court. The McDermott team took the lead for all defendants and defeated class certification for lack of common damages and impact last year; the case continues on the conspiracy issue. Chefitz also helped Dairy Farmers of America escape the multi-district cheese litigation that had been pending in the same courthouse; all claims were dismissed in 2015. The team is also on for American Gypsum in the ongoing drywall case. The Chicago lawyers are particularly adept at healthcare matters, and their matters reflect that. Marx and Wu were part of the McDermott team that Although both Joel Chefitz and David Marx are officially co-heads of the group, Chefitz is now firmly in charge of the Chicago antitrust practice at McDermott Will & Emery, after fellow Who s Who Legal: Competition nominee Marx shifted to a part-time role last year. Chefitz stresses that the Chicago office hasn t missed a beat over the past year-and-a-half, taking on just as much litigation and trial work as ever before. Lawyers in the Chicago office also team up with their colleagues in Washington, DC and elsewhere to advise on deals, and Chefitz says the Chicago team handles a fair amount of merger work itself. Michelle Lowery joined the ranks of partner this year, increasing the Chicago group s partnership size to eight. In court, the firm s docket is as impressive as any in the city. Chefitz and others are taking the lead for Steel Dynamics and, at times, the entire defence group in the ongoing steel antitrust litigation parked in Chicago federal court; a class certification motion was filed in 2015. Chefitz has also been acting for Dairy Farmers of America escape the multi-district cheese antitrust litigation that had been pending in the same courthouse. The judge in that case dismissed the final claims against DFA in June. The firm also helped Morton Salt settle a lawsuit filed by the Ohio Attorney General 5
unsuccessfully defended ProMedica from an FTC lawsuit challenging its purchase of rival hospital group St Luke s, but since then has helped the hospital settle a civil DOJ lawsuit alleging illegal market division in Michigan. The team also defended against an FTC investigation of a deal between client Hackensack University Medical Center and local rival Meridian Health System. Wu helped Banner Health buy Urgent Care Extra; both competed to provide health services in Arizona. Head of competition: Joel Chefitz (Who s Who Nominee) Other Who s Who Nominees: David Marx alleging the company conspired to allocate road salt customers. The Chicago team partnered with McDermott DC colleagues to advise Mars in the chocolate antitrust litigation a case that was thrown out at both the district court and, in September, at the Third Circuit court of appeals. Marx and Stephen Wu were part of the McDermott team that unsuccessfully defended ProMedica from an FTC lawsuit challenging its purchase of rival hospital group St Luke s, and are also part of a multilawyer Chicago team advising Weyerhaeuser in the containerboard antitrust litigation. The team is also on for American Gypsum in the ongoing drywall case as it attempts to hunt down documents from foreign companies. Head of competition: Joel Chefitz (Who s Who Nominee) Other Who s Who Nominees: David Marx 6
US Washington DC Ranking 2017 Recommended Lawyers 2017 Ranking 2016 Recommended Lawyers 2016 Highly Recommended Jeffrey Brennan Highly Recommended Jeffrey Brennan William Diaz (NEW) Joel Grosberg Joel Grosberg Raymond Jacobsen Carla Hine (NEW) Stefan Meisner Raymond Jacobsen Stefan Meisner Bilal Sayyed (NEW) Paul Thompson (NEW) Margaret Warner (NEW) Editorial 2016 Editorial 2015 The numbers at McDermott Will & Emery held steady in the last year; the firm recruited Bilal Sayyed from Kirkland & Ellis in April 2016. Antitrust practice chairman Ray Jacobsen, along with Joel Grosberg, Carla Hine and William Diaz, advised Evonik Industries in obtaining US clearance for its US$3.8 billion acquisition of the specialty and coating additives business of Air Products. Jacobsen and Diaz also teamed up for Impax in the drugmaker s US$586 million acquisition of 19 products that were divested as part of the FTC s consent order in the Teva/Allergan deal; with Hine and Gregory Heltzer, they secured US antitrust clearance for TreeHouse McDermott Will & Emery s antitrust practice, housed in the firm s DC headquarters almost on the steps of the US Capitol, is industrious, unassuming and competent in a broad range of practice areas. Healthcare is truly a sweet spot: partner Jeffrey Brennan led the FTC s healthcare shop for four years, and wins praise from one rival and recent agency alumnus for having done a memorable job for one of his clients. But the firm also does work for food, finance and manufacturing companies too. Raymond Jacobsen leads the practice. Hospitals, insurers and pharmaceuticals makers regularly tap this team for 7
Foods US$2.7 billion acquisition of ConAgra s private brands business. Other big-ticket deals include Lockheed Martin s acquisition of Sikorsky from United Technologies; Coty s US$12.5 billion purchase of 43 of Procter & Gamble s beauty brands; and the veterinary hospital tie-up of Mars and Pet Partners. Jeff Brennan advised Cabell Huntington Hospital on its merger with St Mary s Medical Center, both before the FTC which opposed the deal and in connection with the passage of state legislation that could grant antitrust immunity for hospital tie-ups. In non-merger matters, the US Court of Appeals for the Third Circuit affirmed summary judgment in favour of Mars in the chocolate price-fixing litigation. Stefan Meisner led that matter, and also acted for NGK Insulators in its agreement to plead guilty and pay a US$65.3 million fine for fixing auto part prices. McDermott now represents NGK Insulators in the follow-on litigation. Peg Warner defends Weyherhauser in the containerboard class action. Impax called on Jacobsen and Paul Thompson in March 2016 to defend the company against litigation alleging that generic pharmaceutical manufacturers conspired to raise the price of digoxin or certain doxycycline products. Head of competition: Raymond A Jacobsen Jr (Who s Who Nominee) advice and advocacy. In 2015, Brennan represented both sides of a merger that combined two of the three hospitals in Rochester, New York, and won unconditional approval after an eight-month probe. Partner Ray Jacobsen, meanwhile, represented Impax in its US$700 million purchase of Tower Holdings and Surgery Partners in its takeover of Symbion, while young partner Joel Grosberg helped MedSolutions US$1.2 billion tie-up with a key benefits-management competitor avoid an FTC second request. In other matters, too, McDermott had a successful 2015. Litigator Stefan Meisner won summary judgment for Mars on chocolate price-fixing claims after a seven-year legal battle, and got group boycott claims against power tool maker Hitachi Koki dismissed with prejudice, just months after the complaint was filed. Head of competition: Raymond A Jacobsen Jr (Who s Who Nominee) Other Who s Who Nominees: Raymond A Jacobsen Jr 8
US Texas Ranking 2016 Recommended Lawyers 2017 Ranking 2016 Recommended Lawyers 2016 Listed Allan Van Fleet Listed Allan Van Fleet Editorial 2016 Editorial 2015 Led by partner Allan Van Fleet, McDermott Will & Emery s Houston competition team works with the firm as a whole to act as global coordinating counsel for a Japanese auto parts maker that is subject to a cartel investigation; McDermott represents the company before the DOJ and the European Commission, and also represents some individual executives. Particularly strong in Houston s core energy and healthcare sectors, McDermott regularly advises McKesson Specialty Health, a company that manages healthcare practices, on antitrust matters such as potential acquisitions. Additionally, McDermott s Houston team, in conjunction with its German partners, has advised 1+1 on various aspects of the Internet Corporation for Assigned Names and Numbers rules and procedures and their implications under US and European competition law. Head of competition: Alan van Vleet (Who s Who Nominee) G Allan Van Fleet who has served as a deputy assistant attorney general in the DoJ s antitrust division, leads the team. The team in Houston works with the firm as a whole to act as global coordinating counsel for a Japanese auto parts maker that is subject to cartel investigation; McDermott represents the company specifically before the European Commission and the DoJ, and also represents some of individual executives. Long-time clients of the Texas team such as McKesson Specialty Health, a company that manages healthcare practices, need day-to-day counselling on antitrust matters such as potential acquisitions. The team s most recent work for Bain and Company involved objecting to the production of competitive information in response to open records request by an undisclosed potential competitor working through a third party that sought pricing and other sensitive information among competitors bidding to provide services to a state university.. Heads of competition: Alan van Vleet (Who s Who Nominee) 9
Brussels Competition Bar Ranking 2017 Recommended Lawyers 2017 Ranking 2016 Recommended Lawyers 2016 Recommended Mélanie Bruneau Recommended Mélanie Bruneau Jacques Buhart Jacques Buhart Andrea Hamilton Andrea Hamilton Editorial 2016 Editorial 2015 New Brussels survey entrant McDermott Will & Emery s competition practice has suffered from poor visibility in recent years, rivals say, but the firm s lawyers continue to quietly take on some interesting and complex work. Mélanie Bruneau came on board in September 2015 from K&L Gates. Brussels practice head Jacques Buhart, who splits his time between the European capital and Paris, acted for Mitsubishi Hitachi Power Systems as an interested third party during the GE/Alstom merger. He also acts for Alstom as it settles a UK follow-on claim brought by National Grid. Andrea Hamilton is strong in mergers: she acted as coordinating counsel to Mars as it acquired Procter & Gamble s pet food business for almost US$3 billion. She did the same job for Lockheed Martin as it bagged clearance for its US$9 billion acquisition of Sikorsky Aircraft Corp. In cartels, Buhart acts for a Japanese company in the auto parts investigation. Head of competition: Jacques Buhart (Who s Who Nominee) New Brussels survey entrant McDermott Will & Emery s competition practice has suffered from poor visibility in recent years, rivals say, but the firm s lawyers continue to quietly take on some interesting and complex work. Mélanie Bruneau came on board in September 2015 from K&L Gates. Brussels practice head Jacques Buhart, who splits his time between the European capital and Paris, acted for Mitsubishi Hitachi Power Systems as an interested third party during the GE/Alstom merger. He also acts for Alstom as it settles a UK follow-on claim brought by National Grid. Andrea Hamilton is strong in mergers: she acted as coordinating counsel to Mars as it acquired Procter & Gamble s pet food business for almost US$3 billion. She did the same job for Lockheed Martin as it bagged clearance for its US$9 billion acquisition of Sikorsky Aircraft Corp. In cartels, Buhart acts for a Japanese company in the auto parts investigation. Head of competition: Jacques Buhart (Who s Who Nominee) 10
France Ranking 2017 Recommended Lawyers 2017 Ranking 2016 Recommended Lawyers 2016 Recommended Jacques Buhart Nicolas Lafont (NEW) Thibaud Fortin (NEW) Recommended Jacques Buhart Editorial 2016 Editorial 2015 Recently, McDermott Will & Emery partner Jacques Buhart has represented Alstom in the settlement of a UK follow-on claim initiated by National Grid. Alloin and Kuehne + Nagel turned to Buhart and partner Lionel Lesur during the French postal cartel proceedings. Buhart, Nicolas Lafont and Thibaud Forbin represented Mitsubishi Hitachi Power Systems as an interested third party in the General Electric/Alstom deal. Head of competition: Jacques Buhart (Who s Who Nominee) McDermott Will & Emery advised Mitsubishi Heavy Industries on its ultimately unsuccessful offer to create a joint venture with Alstom. The proposed partnership was part of Siemens offer for Alstom, though eventually the French engineering business decided to join with General Electric instead. Jacques Buhart, who has a strong client base in Japan, led the Mitsubishi team. Meanwhile, as part of the global McDermott network, the practice is advising a Japanese client in a car parts cartel investigation. The firm is also working on a state aid complaint for Orange. Head of competition: Jacques Buhart (Who s Who Nominee) 11
Italy Ranking 2017 Recommended Lawyers 2017 Ranking 2016 Recommended Lawyers 2016 Recommended Veronica Pinotti Recommended Veronica Pinotti Editorial 2016 Editorial 2015 Veronica Pinotti, practice head at McDermott Will & Emery, says the firm s competition practice feels steady and settled. Pinotti specialises in food and beverages, online marketplaces and health and medical equipment. Kedrion Biopharma is a key client; the firm has advised it on all antitrust compliance matters since 2009 and the Italian office continues to advise the company on a cartel investigation in the US. The Italian team previously advised BBC Worldwide in response to a DG Comp request for information as the EU authority probed the BSkyB acquisition of Sky s German and Italian operations. Heineken, Danone and Warner Bros have turned to Pinotti and her team for compliance advice, with the latter also seeking assistance in merger control. Veronica Pinotti, practice head at McDermott Will & Emery, says the firm s competition practice feels steady and settled. Pinotti specialises in food and beverages, online marketplaces and health and medical equipment. Former state blood monopolist Kedrion is a key client; the firm has advised it on all antitrust compliance matters since 2009. The McDermott Italian team advised BBC Worldwide in response to a DG Comp request for information as it probed the BSkyB acquisition of Sky s German and Italian operations. Warner Bros has also turned to Pinotti and her team for compliance and merger control advice. Head of competition: Veronica Pinotti Head of competition: Veronica Pinotti 12