Marc G. Schildkraut

Experience

• Represented Texaco at the FTC in its merger with Chevron.
• Obtained an order for the Bon-Ton department store chain preliminarily enjoining the May Company’s acquisition of a competing department store chain.
• Represented McDonnell Douglas in its merger with Boeing, including advocating for clearance of the merger from the FTC and EU Commission.
• Represented Western Petroleum in its acquisition of Giant Industries, including opposing the FTC’s attempts to enjoin the acquisition.
• Represented Tesoro in the FTC’s and California Attorney General’s investigations of Tesoro’s proposed acquisition of British Petroleum's Southern California refining and marketing business.
• On behalf of Par Pacific, advocated at the FTC for the client's acquisition of operating assets of Par’s sole local refining competitor in Hawaii.
• Represented Cargill in several ‘second-request’ investigations conducted by the Antitrust Division of the Department of Justice.
• Advocated on behalf of Chips & Technology for the FTC to allow the client’s acquisition by Intel.
• Represented Pillsbury at the FTC in its sale of Alpo to Nestle.
• Represented PepsiCo at the FTC in its acquisition of Quaker Oats, including Quaker’s Gatorade division.
• Represented Texaco in the FTC’s investigation of the Equilon and Motiva joint ventures with Shell.
• Represented Amoco in the FTC investigation of its merger with British Petroleum.
• Represented American Stores in the FTC’s investigation of its acquisition by Albertsons.
• Represented Aloha Petroleum at the FTC and in the FTC’s attempt to enjoin Aloha's acquisition of the petroleum assets of Trustreet Properties.
• Represented Kodak in preliminary injunction litigation that resulted in a significant change in the legal standard for non-explicit tying.
• Provided dual representation to Exxon and Mobil in the FTC investigation of their proposed merger.
• Advocated on behalf of Sunoco in multiple FTC investigations of refining acquisitions.
• 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.
• Represented a pharmaceutical company in FTC litigation concerning a so-called 'reverse payment,' where the Court of Appeals vacated the FTC order against his client.
• 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.
• Advised a manufacturer of gene sequencing equipment in its opposition to a proposed tender offer. The tender offer was withdrawn.
• Advised a gene editing inventor on the antitrust issues in an interference proceeding.