We offer clients exceptional insight in dealing with competition agencies in the United States, Europe and around the world.

We advise clients based in Europe on consultations with unions and works councils, and—where clients are not unionized—on the processes required to elect representatives for the purposes of information and consultation in collective redundancies and business transfers in the European Union.

We provide legal insight and practical solutions for one of the most complex and highly regulated areas of business.

With offices in the United States and Europe, WilmerHale has one of the world’s premier aviation practices.

We counsel international and domestic airlines, airports, and other aviation businesses on a wide range of economic, safety and other aviation-specific regulations, and on compliance with competition laws in the United States and the European Union. We represent parties before regulators in the United States and Europe in rulemaking, licensing, certification and enforcement proceedings. The team has broad experience in:

• Licensing and certification proceedings. We handle licensing and certification matters before the US Department of Transportation (DOT) and Federal Aviation Administration (FAA) for established and new entrant airlines. We have advised US and foreign air carriers regarding the “open skies” air service agreement between the United States and the European Union and assisted clients in applying to the DOT for additional and streamlined operating authority available under that agreement.
• International route proceedings. We routinely represent airlines as well as other interested parties in international route allocation proceedings. We have successfully represented major US carriers in obtaining highly sought after authority to serve important international destinations, including China and Mexico, in contested proceedings before the DOT.
• Enforcement proceedings. We represent airlines, shippers and indirect air carriers in enforcement proceedings before the DOT and FAA. We have successfully defended a broad range of aviation enterprises in proceedings involving allegations of unfair competition, the use of unfair and deceptive advertising practices, and violations of agency rules and regulations, including hazardous materials regulations and safety and security regulations.
• Rulemakings. We routinely represent interested parties in administrative rulemaking proceedings.
• US International Air Transportation Fair Competitive Practice Act (IATFCPA). We have represented complainants in proceedings under the IATFCPA charging foreign airlines with unfair competitive practice, and we have defended non-US airlines in such proceedings.
• Antitrust immunity for airline cooperation. We have secured approval of numerous applications for antitrust immunity before the DOT, including significant dealings with the US Department of Justice, and the European Commission to facilitate airline alliances.
• Slot proceedings. We have represented a major US carrier in successfully obtaining highly sought-after exemption slots at Washington DC’s Ronald Reagan Washington National Airport in a contested proceeding before the DOT.
• Aviation safety and security matters. We have counseled airlines, airports and indirect cargo carriers on a wide range of aviation safety and security matters.
• Airport regulations. We have counseled clients with respect to airport privatizations, user fees and charges, airspace reclassifications, and revenue diversion matters. We have also advised airport users on matters including environmental liability issues and often-complex legal and regulatory issues relating to federal grant–funding programs for US airport operators.
• Foreign investment in US carriers. We have advised foreign investors, US airlines, investment banks, venture capital and private equity funds on US regulatory requirements associated with investments in US airlines, including regulations limiting foreign ownership and control over US carriers.
• Air traffic control (ATC). We have advised a number of European governmental and multilateral institutions in their efforts to reform ATC systems. For example, we advised the European Bank for Reconstruction and Development on the modernization and reorganization of the Russian air traffic management system. We also completed a comprehensive study for the European Commission on European air space management and design. The recommendations of the study laid the ground for and are reflected in the new EU regulatory framework for the creation of a single European sky.
• Regulation of aircraft repair services. We represented a foreign carrier’s repair station with respect to changes in FAA regulations governing repair of US-registered aircraft and the effect of such changes on the US legal status of particular repair work.

WilmerHale Brussels has a collegial team culture geared to providing results in often-demanding proceedings. We have extensive experience in all areas of EU competition law, including mergers before the European Commission, worldwide merger control filings, cartel investigations (in Europe and worldwide), abuse of monopoly power, and State aid cases. We also regularly provide transactional advice, supporting joint ventures and distribution systems.

Our team has helped clients in some of the largest and most complex mergers of recent years, guiding them through EU merger control, including Phase 1 and Phase 2 cases with remedies, and other challenges requiring policy insight, legislative advocacy and government affairs experience. We have handled hundreds of procedures, ranging from cartel defense work to other alleged infringements and complaints. We have successfully represented third parties seeking to oppose mergers or challenge monopolies and exclusionary conduct, both through EC proceedings and litigation. We have assisted clients with State aid procedures.