Philip S. Van Der Weele

Philip Van Der Weele is a seasoned antitrust and commercial litigator, chairing many high stakes monopolization/attempt cases, price fixing cases, and contested merger cases. Philip’s background in economics, accounting, and mathematics uniquely enables 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, Philip also regularly counsels clients, many with annual sales over $1 billion, on a wide range of antitrust matters across a wide array of industries. These matters include mergers, acquisitions and joint ventures; collaborations between competitors; 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.

Philip also creates client antitrust compliance programs, trains employees on antitrust compliance, and speaks at numerous CLE programs on a variety of antitrust topics.

Philip handles business litigation cases in a number of areas, including Articles 2 and 9 of the Uniform Commercial Code; non-UCC contracts; indemnity agreements; shareholder disputes/corporate governance; business valuation; business torts; and statutory unlawful trade practices. Examples include representing a minority shareholder in a dissenting shareholder case; representing a closely-held corporation in a dissenting shareholder case arising out of the acquisition of that corporation; representing an equity fund and affiliates in a dispute with a shareholder following an equity infusion; and representing public corporations in shareholder litigation arising out of M&A where Board member are alleged to have breached fiduciary duties.