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Philip S. Van Der Weele

Partner
+1.503.226.5727
Fax +1.503.553.6227

Mr. Van Der Weele has been an antitrust and commercial litigator and an antitrust counselor for more than 30 years. His antitrust litigation experience includes many high stakes monopolization/attempt cases, price fixing cases, and contested merger cases. Mr. Van Der Weele’s background in economics and mathematics has enabled him to work substantively and efficiently with both experts and client representatives on issues such as market definition, barriers to entry, competitive effects, and financial models.

In addition to litigating antitrust cases, Mr. Van Der Weele has also counseled clients, many with annual sales over $1 billion, on a wide range of antitrust matters. These matters include mergers, acquisitions and joint ventures; collaborations between competitors; arrangements among health care providers analyzed under the 1996 USDOJ/FTC “Statements of Antitrust Enforcement Policy in Health Care”; the interface between intellectual property and antitrust law; tie-ins; parts and services aftermarkets; vertical restraints and resale pricing policies; dealer terminations and other refusals to deal; Robinson-Patman compliance; non-compete agreements; conduct at trade association meetings; and civil and criminal state and federal antitrust investigations. Mr. Van Der Weele has also created client antitrust compliance programs, trained employees on antitrust compliance, and spoken at numerous CLE programs on a variety of antitrust topics.

Mr. Van Der Weele has also handled business litigation cases in a number of areas, including Articles 2 and 9 of the Uniform Commercial Code, non-UCC contracts, indemnity agreements, construction lien foreclosure, shareholder disputes/corporate governance, business valuation, business torts, statutory unlawful trade practices, and trademark infringement.

Achievements

  • Named by Best Lawyers in America® as the Antitrust Law “Lawyer of the Year” for Portland, OR in 2017 and 2015.
  • Named by Best Lawyers in America® as the Litigation - Antitrust “Lawyer of the Year” for Portland, OR in 2016 and 2012.
  • Listed in Best Lawyers in America® for Antitrust Law every year since the publication created the category in Oregon in 2007. He is also recognized for Litigation - Antitrust and Commercial Litigation.

Professional/Civic Activities

  • Former Chairperson, Antitrust and Trade Regulation Section of the Oregon State Bar
  • Member, American Bar Association
  • Member, Oregon State Bar Association
  • Member, Oregon Chapter of the Federal Bar Association

Speaking Engagements

  • Speaker at numerous Antitrust Continuing Legal Education Programs sponsored by the Antitrust Section of the Oregon State Bar
  • Panelist, IBC Legal Conferences “Advanced U.S. Antitrust Conference” (San Francisco, February 6, 2014)
Private Antitrust Litigation
  • Mr. Van Der Weele successfully defended Symbol Technologies, Inc. (NYSE:SBL at the time; since acquired by Motorola) in several cases in which companies that Symbol was suing for patent infringement asserted antitrust counterclaims involving all types of alleged abuse of patents
  • Freightliner LLC v. General Motors Corporation
    United States District Court for the District of Oregon (Filed: 2006)
    • Represented Freightliner in Sherman 2 case arising out of Edge Pricing/Incentive Program adopted by Allison Transmission Division of General Motors
    • Case settled after Freightliner survived a motion to dismiss; terms confidential
  • EID Passport, Inc. v. IntellicheckMobilisa, Inc.
    United States District Court for the District of Oregon (Filed: 2009)
    • Defended IntellicheckMobilisa (NYSE Amex: IDN) in monopolization/attempt case arising out of refusal to deal and threatened enforcement of an allegedly invalid patent
    • The Joint Press Release that accompanied the settlement stated that IntellicheckMobilisa was not paying any money to EID.
  • Retail Imaging Management Group LLC v. FUJIFILM North America Corporation
    United States District Court for the District of Oregon (Filed: 2011)
    • Defended FUJIFILM in Sherman 2 case arising out of exclusive dealing provision and pricing in “bundled” contract
    • Case settled after FUJIFILM defeated a motion by plaintiff for TRO and two motions by plaintiff for preliminary injunction and while FUJIFILM’S Motion to Dismiss was pending
Antitrust Matters Involving the Government
  • Helped convince U.S. Dept. of Justice not to challenge vertical acquisition, notwithstanding complaints by customers of the upstream entity being acquired
  • Presentation to U.S. Dept. of Justice on behalf of informant/customer led to dissolution of joint venture between competitors for the licensing of horse racing content
  • Obtained favorable Business Review Letter from U.S. Dept. of Justice approving an exclusive dealing and sales agency arrangement between two providers of medical equipment and devices, Olympus America Inc. and C.R. Bard, Inc.    (http://www.usdoj.gov/atr/public/busreview/8971.htm)
  • Convinced U.S. Dept. of Justice not to indict company following price fixing investigation
  • Convinced U.S. Dept. of Justice not to indict president of a company that had pled guilty to price fixing
  • Convinced State Attorney General not to file a complaint against client at the end of an industry-wide, multistate NAAG investigation
  • Following a Second Request, convinced the U.S. Dept. of Justice not to challenge a merger between two regional bakeries
  • Represented unnamed consumer whose complaint to the Federal Trade Commission led to a consent decree against state-regulated river pilots (http://www.ftc.gov/os/1998/12/9410047agr.htm)
Other Litigation Clients
It is a matter of public record that Mr. Van Der Weele has represented the following entities in lawsuits:

Tech Companies
  • FUJIFILM North America Corp.
  • IntellicheckMobilisa, Inc.           
  • Symbol Technologies   
  • Xerox Corporation

Consumer Products    
  • American Suzuki Motor Company
  • Biocodex Inc.   
  • Columbia Sportswear Company
  • Danone Foods, Inc.      
  • Desert Lake Technologies, Inc.  
  • LSG Sky Chefs USA, Inc.
  • Newell Rubbermaid, Inc.
  • Safeway, Inc.   
  • Sur La Table, Inc.
  • Yo Cream International, Inc.

Financial Services
  • Amalgamated Bank
  • Anthracite Capital
  • CitiMortgage, Inc.
  • Litton Loan Servicing, LP
  • Merrill Lynch Commodity Partners, LP
  • MYL Investments (Delaware) Inc.
  • Valley Energy Investment Fund, U.S., LP

Industrial Products
  • FMC Technologies, Inc.
  • Freightliner, LLC
  • Huntsman Corporation
  • John Bean Technologies
  • Northwest Pipeline, Inc. (Williams Companies Inc.)
  • Oldcastle Precast, Inc.
  • Plexis Healthcare Systems, Inc.
  • Valassis Direct Mail, Inc. (fka ADVO, Inc.)