


Mark J. Gidley
J. Mark Gidley chairs the White & Case Global Antitrust/Competition practice. His practice focuses on mergers and acquisitions, cartel cases, class actions, and pharmaceutical antitrust cases, with an emphasis on trying antitrust cases. Mr. Gidley served as the Acting Assistant Attorney General for the US Department of Justice (DOJ) Antitrust Division in 1992–1993 with responsibility for all civil, criminal and merger matters of the Division. Prior to that, he served as Deputy Assistant Attorney General for Regulated Industries in the Antitrust Division from 1991-1992, responsible for civil, criminal, and merger matters in the telecommunications, energy, computers, intellectual property, and banking and finance industries. From 1990 to 1991, Mr. Gidley served as Associate Deputy Attorney General under then Deputy Attorney William P. Barr. During his tenure at the Antitrust Division, he worked on a number of merger and acquisition investigations, including Bank of America’s acquisition of Security Pacific National Bank and worked on the development of the seminal DOJ-FTC 1992 Horizontal Merger Guidelines. Mr. Gidley was selected and served on the ABA Antitrust Section’s Blue Ribbon Panel for Civil Jury Instructions in Antitrust Trials in 2014-15. He received his B.S. and B.G.S. from University of Kansas in 1983 and his J.D. from Columbia Law School in 1986.
Distinctions
Nominee, 2021 Antitrust Writing Awards : Business, Intellectual Property
Nominee, 2020 Antitrust Writing Awards : Business, Intellectual Property
Nominee, 2019 Antitrust Writing Awards : Business, Asian Antitrust
Winner, 2016 Antitrust Writing Awards : Academic, Procedure
Nominee, 2012 Antitrust Writing Awards : Business, Mergers
Auteurs associés
15840 | Conférences


Vidéos
Articles
6694 Bulletin
499
On January 21, 2022, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product. Accordingly, the 2022 (...)
130
On October 25, 2021, a deeply divided FTC voted 3-2 to enact a major policy change relevant to every party involved in settling a merger investigation with the FTC. Earlier this year, the FTC signaled its intent to bring back an old practice of mandatory prior approval and notice provisions in (...)
225
No-poach agreements on the European Commission dawn raid radar* In a speech on 22 October 2021, EU Competition Commissioner Margrethe Vestager revealed that the European Commission was planning a series of dawn raids for the months to come. She highlighted that the European Commission is not (...)
208
The Government of Kuwait has recently amended its competition law to include for the first time a pre-merger notification regime based on turnover thresholds. Kuwait’s Competition Protection Agency has started to apply the new thresholds and has already launched inquiries into transactions that (...)
301
On Tuesday, August 3, 2021, the Federal Trade Commission announced a new approach for merger investigations that the FTC does not complete during the Hart-Scott-Rodino Act (HSR) waiting period—the FTC may advise merging parties via a Warning Letter that its investigation remains open despite the (...)
547
A new Executive Order signed by President Biden includes 72 initiatives instructing more than a dozen federal agencies, including the US Department of Justice and the Federal Trade Commission, to, according to the White House’s Fact Sheet, "promptly tackle some of the most pressing competition (...)
176
On Friday, July 9, 2021, President Biden signed Executive Order 14036, Promoting Competition in the American Economy, which includes—among 72 initiatives aimed at enhancing competition in the US—a directive encouraging the Federal Trade Commission to ban or limit employee non-compete agreements. (...)
261
While Congress has been the epicenter of an ongoing antitrust debate—with US legislators on both sides of the aisle urging vast reforms—the New York State legislature is pursuing a state bill that would arguably ensnare more conduct and transactions in antitrust law’s web than anything proposed, (...)
173
What’s next for drug pricing in the US ? Proposals to alter antitrust and patent laws may signal a renewed focus on drug pricing by federal lawmakers, while the growing web of state laws is expected to increase compliance challenges for the pharmaceutical industry. What’s changing ? A new (...)
36
The Federal Trade Commission ("FTC") and Department of Justice ("DOJ") announced today that they are temporarily suspending any grants of early termination under the Hart-Scott-Rodino Act ("HSR Act"). The HSR Act is the federal premerger notification program, which requires parties to notify (...)
318
On February 1, 2021, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product. Accordingly, the 2021 (...)
110
Egypt is getting closer to adopting a new merger control regime that would transform the system from a post-closing to a pre-closing filing regime. The Egyptian Council of Ministers has approved a draft proposal to amend Egypt’s antitrust legislation accordingly. If enacted, the amendments would (...)
509
The Egyptian Competition Authority recently published the first Egyptian guidelines on the process for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations, signaling the agency’s intent to activate this tool in future enforcement activities. The guidelines (...)
167
On April 4, 2020, the Antitrust Division of the Department of Justice issued its first Business Review Letter under the DOJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical supply companies to work together to produce and distribute personal (...)
125
Price gouging enforcement has largely been left to the States with their patchwork of varying laws—laws that have been invoked sporadically in crises. While the COVID-19 crisis has reportedly led to increased state enforcement, the federal government has taken a larger role, including Justice (...)
67
The Coronavirus Aid, Relief, and Economic Security ("CARES") Act provides no modifications to, or relief from, the US antitrust laws (specifically, the Sherman Act, 15 U.S.C. §§ 1-38 ; Clayton Act, 15 U.S.C. § 12-27 ; and Robinson-Patman Act, 15 U.S.C. § 13). But some major businesses are forming (...)
148
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On October 7, 2019, California became the first state to enact legislation— Assembly Bill 824 (“AB 824”)—rendering certain pharmaceutical patent litigation settlement (...)
206
On January 26, 2018, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product. Accordingly, the 2018 (...)
221
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The existence in several countries of “blocking statutes”, which prohibit the provision of economic information to foreign authorities or courts (or require prior (...)
147
On December 14, 2015, Hong Kong became the latest jurisdiction to prohibit anticompetitive agreements and unilateral conduct. The Competition Ordinance (Ordinance) is Hong Kong’s first cross-sector competition law for this international financial hub. For the first time, the Hong Kong government (...)
317
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. New rules issued by the Federal Trade Commission on July 7, 2011 will streamline some information required for the Hart-Scott-Rodino Act (“HSR Act”) Notification (...)
435
On June 1st 2011, the merger control provisions of the Indian Competition Act 2002 will finally enter into force. If you are contemplating M&A activity with binding agreements being signed as of tomorrow, you will need to carefully consider this new merger control regime. The Competition (...)
119
On May 11, 2009, the Antitrust Division of the Department of Justice (“DOJ”), in a speech by new Assistant Attorney General Christine A. Varney and a press release issued later in the day, formally withdrew the report entitled Competition and Monopoly : Single-Firm Conduct under Section 2 of the (...)
332
Introduction Businesses planning equity investments or M&A activity should take note of recent US antitrust developments regarding pre-merger notifications. On February 28, 2008, revised Hart-Scott-Rodino Act (“HSR”) jurisdictional thresholds took effect. (Press Release, Federal Trade (...)
917
The Federal Trade Commission’s recent report, Generic Drug Entry Prior to Patent Expiration (Federal Trade Commission, Generic Drug Entry Prior to Patent Expiration : An FTC Study, July 2002, ("FTC Report")), raises a number of competition issues that merit further discussion and research. This (...)
Livres

Antitrust in Emerging and Developing Countries : Featuring Africa, Brazil, China, India, Mexico - Conference Papers 2nd Edition On October 23, 2015, Concurrences Journal in partnership with New (...)