J. Mark Gidley
J. Mark Gidley chairs the White & Case Global Antitrust/Competition practice, which is the only such practice to have been named Competition Group of the Year for seven years by Law360. Mr. Gidley is a four-time Law360 MVP -- winning three times for Competition (2020, 2019, 2013) and once for Life Sciences (2016). Chambers USA describes Mr. Gidley as "one of the foremost experts in antitrust law." (2020).
Mr. Gidley is among the most experienced lawyers in the US in trying criminal and civil antitrust cases, whether involving claims of price-fixing, monopolization, or arising from a merger. His US trial victories include: wins over the US DOJ Antitrust Division in the Foreign Exchange case (criminal) US v Usher, Stolt v. US (I) and US v. Stolt (II) (criminal price-fixing cartel/amnesty agreement enforcement injunctive action), Ian Norris (criminal cartel/obstruction of justice); US v. SunGard Data Systems (merger) and US v. AgriMark (merger); trial victory over the FTC in FTC v. Schering-Plough (the first reverse payment trial in the US); trial victories over class actions and opt-out litigants (Toshiba LCD US$2.7 billion direct purchaser class action; Toshiba LCD US$2.4 billion Best Buy trial, Dee-K v. Heveafil). Mr. Gidley's nine cartel trial wins (seven in the US) are believed to be the most of any active antitrust defense lawyer. His appellate victories include the seminal 2018 win before the First Circuit in the In re Asacol Antitrust Litigation, establishing the limits under the Seventh Amendment and the Rules Enabling Act for uninjured class members in class actions, such as consumer class actions. His cases have shaped modern antitrust law in mergers, cartels, monopolization, class actions, pharma antitrust, and due process rights. Mr. Gidley's trial and appellate experience informs his approach to evidence gathering, dispositive motions, and counseling clients.
His experience in transnational mergers spanning multiple and often conflicting antitrust regimes includes being for many years the co-editor of the Worldwide Merger Notification Requirements, a comprehensive compendium of global merger filing regimes in more than 200 jurisdictions, which is based on the firm's global merger clearance experience.