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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Brian Davis Participates in the European American Chamber of Commerce’s Pan-European Tax Update 2024

Alexander Reid States that Congress Should Expand Free Speech Rules for Tax-Exempt Groups

Teresa Goody Guillén Stresses the Need for Remote-Work Ground Rules in LegalDive Article

SEC Director of Enforcement Warns of a ‘Perfect Storm’ Developing Around AI

This includes several matters where Marc was forced to litigate with a government authority that attempted and ultimately failed to obtain an injunction to stop consummation. Marc has worked for plaintiffs trying to stop mergers, as well, and has litigated one such matter&nbsp;where the federal court issued an injunction that led to the unraveling of a consummated merger.

In addition to merger preliminary injunction actions, Marc has litigated several matters that explore the interface between antitrust and intellectual property, including his representation of a technology company in oral arguments before the Federal Circuit, where the court vacated a preliminary injunction that required the client to provide tangible intellectual property to the plaintiff. In his representation of a pharmaceutical company in litigation with the Federal Trade Commission over a so-called "reverse payment," the Court of Appeals vacated the FTC order against the client. Additionally, in his representation of a telecommunications equipment manufacturer in a matter alleging that members of a standard setting organization were conspiring in restraint of trade, the district court dismissed the case at the summary judgment stage.*

Marc was formerly an Assistant Director at the FTC's Bureau of Competition. While at the FTC, he directed the investigations of hundreds of mergers and several federal court injunction actions and administrative litigations. In addition to mergers, he directed some of the most important conduct investigations at the FTC, including the original Microsoft antitrust investigation.

*Does not guarantee similar results in comparable matters.

core/freeform

J.D., Columbia University School of Law, 1976, 

B.A., Columbia University, Columbia College, 1973, 

<ul>
<li>Washington Business Forward, &#8220;Attorney to Call for Help in the M&amp;A Deal of your Life&#8221;</li>
<li>Who&#8217;s Who Legal and Global Competition Review: Thought Leaders, Competition (2018)</li>
<li>Who&#8217;s Who Legal and Global Competition Review: Competition Lawyers (2002 to 2010, 2012 to 2019)</li>
<li>The Legal 500 United States (2019 to 2021, 2023)
<ul>
<li>Recommended in Antitrust: Civil Litigation/Class Actions Defense (2020 to 2021, 2023)</li>
<li>Recommended in Antitrust: Merger Control (2019)</li>
</ul>
</li>
<li>Washington, DC &#8220;Super Lawyer&#8221; (2007 to 2019)</li>
<li>Chambers USA: Antitrust in District of Columbia (2019 to 2023)
<ul>
<li>Band 5 (2020 to 2023), Band 4 (2019)</li>
</ul>
</li>
<li>Martindale-Hubbell: AV Preeminent</li>
<li>The Best Lawyers in America® (2006 to present)
<ul>
<li>Washington, D.C.: Antitrust Law</li>
</ul>
</li>
</ul>

Washington, D.C.

2024 HSR Filing Thresholds and Filing Fees Announced; 2024 Interlocking Directorate Thresholds Announced

Health Law Update

Healthcare Industry Team 2023 Year in Review

FTC and DOJ Jointly Publish Revised Merger Guidelines

Antitrust Advocate

UPDATE: Are Hospital Acquisitions with COPA Authorization Exempt from HSR Premerger Notification?

An Article by Carl Hittinger, Marc Schildkraut and Ty Herrold Addresses FTC ‘Hostility’ to Healthcare Mergers

FTC and DOJ Jointly Propose New Merger Guidelines

FTC Proposes Sweeping Changes to HSR Reporting Requirements

BakerHostetler Attorneys and Practice Areas Recognized in The Legal 500 2023 Guide

Chambers USA Guide 2023 Honors 147 BakerHostetler Attorneys and Recognizes 64 Practice Areas

Are Hospital Acquisitions with COPA Authorization Exempt from HSR Pre-Merger Notification?

Marc Schildkraut Quoted in BoardIQ About DOJ Focus on ‘Interlocking Directorates’

Hospital Mergers: The Future of COPA Immunity

Baby Formula Shortage Subject of FTC Scrutiny

Chambers USA Guide 2022 Honors 145 BakerHostetler Attorneys and Recognizes 62 Practice Areas

Carl Hittinger, Marc Schildkraut Article Focuses on Biden Executive Order Promoting Competition

Carl Hittinger and Marc Schildkraut Discuss Challenges to New Antitrust Efforts

Webinar: Federal Trade Commission Antitrust Review of Oil Mergers

Webinar: The FTC and the Antitrust Division’s Roles and Challenges Ahead

Carl Hittinger, Marc Schildkraut Article Examines Potential Changes in Hold-Up, Injunctions in Standard Setting Context

President Biden’s Executive Order: A Revolution in Antitrust Enforcement?

Court of Appeals’ Reversal of the FTC’s 1-800 Contacts Decision Draws Internet Keyword Advertising Agreements into Focus for Trademark Holders

BakerHostetler Attorneys, Practice Areas Recognized in The Legal 500 Guide for 2021

Chambers and Partners USA Honors 134 BakerHostetler Attorneys and 55 Practice Areas in 2021 USA Guide

Antitrust Enforcement in the Biden Administration: What to Expect

The Biden Administration: Policy and Regulatory Insights

Webinar: Antitrust Enforcement in the Biden Administration: What to Expect

Client Alert by Ann O’Brien, Linda Goldstein, Marc Schildkraut, Alyse Stach Cited in Article on Failed PG&E, Bill Merger

FTC Says Razor Thin Market Share Not Enough  for Merger Clearance and What It Means for Disruptive DTC Brands

DOJ Antitrust Case Against Google Draws Allusions to Landmark Microsoft and Standard Oil Cases

The Failing Firm Antitrust Defense – An Update on Navigating Financially Troubled Mergers During a Pandemic

195 BakerHostetler Attorneys Named in 2021 “Best Lawyers” List; 13 Recognized as “Lawyer of the Year”

Antitrust Enforcement Agencies Adopt Final Vertical Merger Guidelines

The Failing Firm Antitrust Defense – How To Navigate Financially Troubled Mergers During a Pandemic

COVID-19 Insights

Webinar: The Failing Firm Antitrust Defense – How To Navigate Financially Troubled Mergers During a Pandemic

BakerHostetler Attorneys Recognized in The Legal 500 Annual Guide

Unpacking Antitrust Issues in the Food Industry During the Pandemic

Chambers and Partners USA Honors 121 Attorneys and 35 Practice Areas in 2020 Guide

COVID-19 Pandemic: Antitrust Risks and Possible Protection Under the Defense Production Act and State Action Immunity Doctrine

Federal Trade Commission – Antitrust Investigations – What You Should Know

Antitrust and White Collar Investigations - What You Should Know

Webinar: Federal Trade Commission – Antitrust Investigations – What You Should Know

Antitrust and Competition

Mergers and Acquisitions

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Healthcare Antitrust

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Healthcare

Energy Litigation

<ul>
<li>Represented Texaco at the FTC in its merger with Chevron.</li>
<li>Obtained an order for the Bon-Ton department store chain preliminarily enjoining the May Company’s acquisition of a competing department store chain.</li>
<li>Represented McDonnell Douglas in its merger with Boeing, including advocating for clearance of the merger from the FTC and EU Commission.</li>
<li>Represented Western Petroleum in its acquisition of Giant Industries, including opposing the FTC’s attempts to enjoin the acquisition.</li>
<li>Represented Tesoro in the FTC’s and California Attorney General’s investigations of Tesoro’s proposed acquisition of British Petroleum&#8217;s Southern California refining and marketing business.</li>
<li>On behalf of Par Pacific, advocated at the FTC for the client&#8217;s acquisition of operating assets of Par’s sole local refining competitor in Hawaii.</li>
<li>Represented Cargill in several ‘second-request’ investigations conducted by the Antitrust Division of the Department of Justice.</li>
<li>Advocated on behalf of Chips &amp; Technology for the FTC to allow the client’s acquisition by Intel.</li>
<li>Represented Pillsbury at the FTC in its sale of Alpo to Nestle.</li>
<li>Represented PepsiCo at the FTC in its acquisition of Quaker Oats, including Quaker’s Gatorade division.</li>
<li>Represented Texaco in the FTC’s investigation of the Equilon and Motiva joint ventures with Shell.</li>
<li>Represented Amoco in the FTC investigation of its merger with British Petroleum.</li>
<li>Represented American Stores in the FTC’s investigation of its acquisition by Albertsons.</li>
<li>Represented Aloha Petroleum at the FTC and in the FTC’s attempt to enjoin Aloha&#8217;s acquisition of the petroleum assets of Trustreet Properties.</li>
<li>Represented Kodak in preliminary injunction litigation that resulted in a significant change in the legal standard for non-explicit tying.</li>
<li>Provided dual representation to Exxon and Mobil in the FTC investigation of their proposed merger.</li>
<li>Advocated on behalf of Sunoco in multiple FTC investigations of refining acquisitions.</li>
<li>Represented a technology company in oral arguments before the Federal Circuit, where the court vacated a preliminary injunction that required his client to provide tangible intellectual property to the plaintiff.</li>
<li>Represented a pharmaceutical company in FTC litigation concerning a so-called &#8216;reverse payment,&#8217; where the Court of Appeals vacated the FTC order against his client.</li>
<li>Represented a telecommunications equipment manufacturer in a matter alleging that members of a standard setting organization were conspiring to restrain trade, where the district court dismissed the case at the summary judgment stage and the Court of Appeals affirmed the dismissal.</li>
<li>Advised a manufacturer of gene sequencing equipment in its opposition to a proposed tender offer. The tender offer was withdrawn.</li>
<li>Advised a gene editing inventor on the antitrust issues in an interference proceeding.</li>
</ul>

Marc G. Schildkraut

Marc G. Schildkraut

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