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.
Select Litigation Clients
It is a matter of public record that Philip has represented the following entities in lawsuits:
- Named by Best Lawyers in America® as the Antitrust Law “Lawyer of the Year” for Portland, OR in 2019, 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.
- 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
- Panelist, IBC Legal Conferences “Advanced U.S. Antitrust Conference” (San Francisco, February 6, 2014)
- Fit (Not) to Be Tied: Three Tricky Questions Every Company Must Ask When Selling Discounted Bundles of Products, Law360, 16 April 2015
- “Antitrust Issues in Dealing with ‘Cuspetitors’,” (Distributed at CLE Program in Valhalla, New York, 15 December 2012
- “State of Oregon Antitrust Law,” State Antitrust Practice and Statutes (4th ed., ch. 40), published by American Bar Association Section of Antitrust Law, 2009