Bingham

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Ted Henneberry

Senior Counsel

Edward (Ted) Henneberry is a member of Bingham’s Antitrust and Competition Group, splitting his time between the London and Washington, D.C., offices. His practice focuses on antitrust and international competition law, particularly on cross-border merger transactions, multijurisdictional cartel investigations and dominant firm conduct.

Ted is one of the few U.S. antitrust lawyers who has held a position as a senior competition enforcement official in the European Union. From 2003 to 2006, he was a Member of the Irish Competition Authority as well as director of its Mergers and Cartel Enforcement divisions. As a Member, he participated directly on the Advisory Committee of the European Commission in major merger policy and competition enforcement matters, including the drafting of the EC’s Merger Guidelines. He also served on the Experts’ Committee advising the EC in the drafting of its Green Paper on Private Damages Remedies as well as on the Competition Committee of the Organisation for Economic Cooperation and Development (OECD) in Paris.

Experience

Litigation

  • Financial Benchmark Rates Cartel Investigations (2012) — Presently acting for a major global financial institution in investigations by U.S. and European enforcement and regulatory agencies of alleged manipulation of benchmark rates for financial derivative products
  • In re IBM (2010) — Acted for Turbo Hercules SAS (France) in filing complaint for abuse of dominance against IBM which led to formal proceedings by European Commission
  • Marine Hose Cartel Investigation (2008–2011) — Represented CEO of Trelleborg AB (Sweden) in multinational investigation and private U.S. qui tam litigation
  • CRT Cartel Investigation (2008–2011) — Acted for CEO of major electronics producer in Asia in U.S. Department of Justice investigation
  • Detergents Cartel Investigation (2008–2010) — Acted for former European director for major detergents producer in cartel investigation by European Commission
  • Federal Trade Commission v. Foster, 2007-1 Trade Cas.(CCH), 75,725 (D.N.M. 2007) — Served as a member of the trial team that successfully defeated motion for preliminary injunction by FTC challenging acquisition by Western Refining, Inc. of Giant Industries Inc. as well as motion for stay pending appeal by the Federal Trade Commission in the U.S. Court of Appeals
  • Midwest Gas Services v. Indiana Gas Co. Inc., et al., 317 F.3d 703 (7th Cir. 2003) — Argued and obtained ruling by the U.S. Court of Appeals affirming dismissal of claims by trial court for monopolization, monopoly leveraging and conspiracy to restrain trade brought by competing marketers against a joint venture of Indiana utilities to engage in the unregulated sale of natural gas and pipeline transportation
  • Federal Trade Commission v. H.J. Heinz Co., et al., 116 F. Supp. 2d 190 (D.D.C. 2000), 246 F.3d 708 (D.C. Cir. 2001) — Served as lead trial counsel and defeated motion by the Federal Trade Commission for a preliminary injunction to block the acquisition of Beech-Nut Foods, Inc. by H.J. Heinz. Though ultimately reversed on appeal, the case raised issues of first impression involving the efficiencies defense in highly concentrated industries.
  • In re Baby Food Antitrust Litigation, 166 F.3d 112 (3d Cir. 1999) — Argued for H.J. Heinz in obtaining ruling from the U.S. Court of Appeals affirming summary judgment for defendants against a class action seeking $650 million for an alleged 17-year conspiracy to fix the wholesale price of baby food
  • Louisa Coca Cola Bottling Co. v. PepsiCo, Inc., et al., 94 F. Supp. 2d 804 (E.D.K.Y. 1999) — Obtained summary judgment as lead trial counsel for PepsiCo, Inc. dismissing antitrust claims brought by a competing Coca Cola bottler challenging PepsiCo’s marketing agreements and distribution practices
  • In re Investigation of Infant Formula, Italian Antitrust and Fair Trading Authority, Case No. I/328 (1999) — Prepared competitive and economic analysis on behalf of Heinz Italia Srl (ex Plada Srl) of pricing and distribution of infant formula in Italian market
  • City of West Allis, et al. v. Wepco, et al., 96-CV-0V5061 (Wis. 2000) — Acted as lead trial counsel in obtaining a verdict of no liability for Wisconsin Gas Company in a six-week jury trial in Milwaukee County Circuit Court against toxic tort and punitive damages claims for environmental clean-up of disposal sites

Mergers

  • Exxaro Resources, Ltd — Represented Exxaro Resources, Ltd. .(S. Africa) in its$1.3 billion acquisition of a 38 percent stake in Tronox, Inc. (FTC 2011)
  • NOVA Chemical Corp. — Represented NOVA Chemical Corp.(Canada) in the sale of plastics and chemical businesses and assets to Abu Dhabi International Petroleum Investment Company (EU and China 2009)
  • Novartis — Represented Novartis in the $38 billion acquisition of Alcon pharmaceutical and retail eye care products business from Nestle S.A. (FTC and Brazil 2008)
  • Univision, Inc. — Represented Univision, Inc. in the acquisition of Hispanic Broadcasting Corp. (DOJ consent decree 2003)
  • H.J. Heinz — Represented H.J. Heinz in the spin-off of certain assets to Del Monte Corp. (FTC 2002)
  • PepsiCo. — Represented PepsiCo. In the acquisition of Quaker Oats Co. (Gatorade) (FTC 2002)
  • National Association of Broadcasters — Represented National Association of Broadcasters in the proposed acquisition of DirecTV by EchoStar (DOJ and FCC 2002)
  • Great Scott Broadcasting Co. — Represented Great Scott Broadcasting Co. in the sale of radio assets to Nassau Broadcasting Co. (DOJ and FCC 2002)
  • H.J. Heinz — Represented H.J. Heinz in the proposed acquisition of Vlasic Pickles in bankruptcy (FTC 2001)
  • New World Pasta — Represented New World Pasta in the acquisition of certain pasta assets of Borden, Inc. (DOJ 2001)
  • ProLiance LLC — Represented ProLiance LLC in the joint venture of Indiana Energy Services and Citizens Gas (DOJ 2001)
  • Univision Communications, Inc. — Represented Univision Communications, Inc. in the acquisition of television assets of USA Networks, Inc. (DOJ 2001)
  • LTV Steel Corporation — Represented LTV Steel Corporation in the sale of tin mill assets to U.S. Steel Corp. (DOJ 2000)

Events

Recent Speaking Engagements

  • Moderator, Practical Aspects of International Cooperation in Merger Cases: Substantive Assessment & Remedies, Third Merger Working Group International Cooperation Project’s Teleseminar hosted by the ICN Mergers Working Group (January 2014)
  • Merger Remedies: Challenges and Opportunities, 12th Annual ICN Meeting, Warsaw, Poland (April 2013)
  • Increase in Criminal Cases/Fines Against Japanese Executives and the Key Issues (Crucial Points that Japanese Executives Need to Know), Japanese Chamber of Commerce, New York (November 2012)
  • Chair, Plenary Session, The Role of Economics Evidence in Merger Analysis, International Competition Network’s Merger Workshop, Bogota, Colombia (November 2012)
  • Competition and the Use, Acquisition and Enforcement of IPRs: The “Patent Wars” and other Phenomena, UK Law Society, Competition Section (October 2012)
  • Competition Damage Actions: Practice & Pitfalls, British Institute of International & Comparative Law, London (November 2011)
  • Recent Developments in Merger Enforcement in the Communication Sectors: the U.S. Perspective, 22nd Annual Communications & Competition Law Conference, Vienna (May 2011)
  • Economic Analysis in Merger Review, Italian Antitrust Authority, I.C.N. Mergers Workshop, Rome (November 2010)
  • The Internet & Competition Issues, 21st Communications & Competition Law Conference, Barcelona (May 2010)
  • Merger Enforcement In the Current Economic Crisis: The U.S. View, 13th Annual IBA Competition Conference, Fiesole (September 2009)
  • Europe and the Globalization of Antitrust: Unilateral Firm Conduct, Studienvereinigung Kartelrecht/IBA Antitrust Conference, Berlin (2008)
  • Chair, International Cartels Conference – Current Issues in Multi-National Investigations, British Institute of International and Comparative Law Conference, London (2008)

Publications

Memberships

  • International Task Force, Section of Antitrust Law, American Bar Association
  • Task Force on Extraterritorial Antitrust Jurisdiction, International Bar Association
  • The Law Society’s (UK) Competition Section

Awards & Honors

  • Best Lawyers, Antitrust Law (2009–2014)
  • Super Lawyers, Washington, D.C. (2013–2014)
  • The International Who’s Who of Competition Lawyers & Economists (2013–2014)
  • Legal 500, United States, Antitrust (2013)
  • Legal 500, United Kingdom, Antitrust (2011)

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