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.
- Recipient of “Lawyer of the Year” award for Litigation - Antitrust in Portland, Oregon by the Best Lawyers in America® (2024, 2016, and 2012)
- Recipient of “Lawyer of the Year” award for Antitrust Law in Portland, Oregon by the Best Lawyers in America® (2023, 2019, 2017, and 2015)
- Listed in the Best Lawyers in America® for Antitrust Law in Portland, Oregon (2007-2024)
- Listed in the Best Lawyers in America® for Litigation - Antitrust in Portland, Oregon (2011-2024)
- Listed in the Best Lawyers in America® for Commercial Litigation in Portland, Oregon (2015-2024)
- Selected for inclusion in Acritas Stars, a database of over 10,000 client-nominated, stand-out lawyers in private practice (2020)
- 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
- Speaker at numerous Antitrust Continuing Legal Education Programs sponsored by the Antitrust Section of the Oregon State Bar
- “Customers and Competitors and Prices - Oh My!” (Presentation to In-House Legal Department of large client, 7 September 2023)
- “Customer Allocations in Distribution Agreements: Managing the Risk” (Presentation to In-House Legal Department of large client, 8 October 2021)
- Panelist, IBC Legal Conferences “Advanced U.S. Antitrust Conference” (San Francisco, 6 February 2014)
- Antitrust Issues in Dealing with 'Cuspetitors',” (Presentation to In-House Legal Department of large client, (15 December 2012)
- “State of Oregon Antitrust Law,” State Antitrust Practice and Statutes (5th ed., ch. 40), published by American Bar Association Section of Antitrust Law, 2023
- Fit (Not) to Be Tied: Three Tricky Questions Every Company Must Ask When Selling Discounted Bundles of Products, Law360, 16 April 2015
- “How a Unilateral Policy Morphed into an Illegal Resale Price Fixing Agreement," 2 August 2013
- “State of Oregon Antitrust Law,” State Antitrust Practice and Statutes (4th ed., ch. 40), published by American Bar Association Section of Antitrust Law, 2009
- Mentioned, “Gilead, Generics Co. Beat HIV Drug Antitrust Suit For Now,” Law360, 29 August 2023
- Mentioned, “Pitney Bowes Wants Mail Equipment Monopoly Suit Tossed,” Law360, 27 January 2023
- Mentioned, “LegitScript Can't Pause Drug Price Check Blacklisting Suit,” Law360, 12 December 2022