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Competition Firms Of The Year
By Samuel Howard
Law360, New York (January 01, 2010) -- The past year taught all too many lawyers that
nothing recedes like success, yet for the top echelon of competition practices 2009
proved a year of plenty, replete with both front-page mergers and major litigation
victories.
The list of competition practices boasts perennial front-runners, but renown alone does
not guaranty greatness. For that, repute must be matched with results, and Latham &
Watkins LLP, Howrey LLP, O’Melveny & Myers LLP, Gibson Dunn & Crutcher LLP,
WilmerHale LLP and Wilson Sonsini Goodrich & Rosati PC certainly got results in 2009,
besting even the Great Recession.
Leading competition attorneys at six elite firms attributed their practice groups’ success
to a variety of factors, including the unflagging pace of private litigation, regulatory
assertiveness and a dash of good fortune — but most of all the explanations point to the
select competition groups’ zeal for trying cases.
Reviewing the firms' performances not only provides insight into their strengths, but also
opens a perspective on the antitrust scene, where the power of recent precedent
continues to evolve, a new administration is setting its stance and regulatory authorities
worldwide are becoming increasingly coordinated.
Wilson Sonsini Goodrich & Rosati PC
Wilson Sonsini made it onto Law360’s list of top antitrust firms for its banner
representation of Netflix Inc. and Sun Microsystems Inc.
Sun Microsystems counted Wilson Sonsini among its blessings this year as the firm has
helped steer the company towards the $7.4 billion merger with Oracle Corp., taking on
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numerous antitrust investigations into whether the transaction depresses competition in
the JAVA or database markets.
The same goes for Netflix after Wilson Sonsini’s antitrust attorneys convinced the court
to dismiss two putative class actions accusing it of enabling Blockbuster Inc. to
overcharge subscribers for online DVD rentals.
Jonathan Jacobson, partner in Wilson Sonsini’s antitrust practice, said the Netflix
decision was significant as it skewered so-called umbrella liability claims from plaintiffs
alleging an agreement between Netflix and Wal-Mart Stores Inc. led Blockbuster to hike
up its subscription fees.
Boasting a significant presence in the health care sector, Wilson Sonsini also notched a
win for the University of Pittsburgh Medical Center, defeating allegations that the
hospital operator abused monopoly power and colluded with insurer Highmark Inc.
The firm also was active in the Ninth Circuit’s decision to vacate Masimo’s $420 million
award against Tyco, submitting amicus curiae briefs the appeals court evidently took to
heart.
On the other side of the table, Eisai Inc. selected Wilson Sonsini in an action alleging
that Sanofi-Aventis maintains a stranglehold on the market for the anti-coagulant drug
Lovenox; Sanofi failed to get the case dismissed in June.
Jacobson said the antitrust group's outstanding results are due in part to the strength of
its legal analysis, especially as the motion to dismiss has become an increasingly
critical tool in competition cases.
“Wilson Sonsini is especially pre-eminent at legal analysis, and that skill is even more
valuable as antitrust lawsuits are increasingly addressed and resolved at the motion to
dismiss stages,” Jacobson said.
“The ability to creatively craft the right legal argument at an early stage of the case is at
a premium, and our antitrust attorneys are among the finest at anatomizing a legal
problem and finding a compelling solution,” he said.
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