Marc G. Schildkraut

Partner

Washington, D.C.
T +1.202.861.1604
F +1.202.861.1783

Overview

Marc Schildkraut practices antitrust law before U.S. and international enforcement agencies and courts, focusing on multibillion-dollar mergers, civil investigations and litigation. As lead attorney, he has obtained clearances allowing his clients to consummate mergers and acquisitions in all* his matters investigated by antitrust authorities here and abroad. 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 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 his 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 his 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.

Select 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.
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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.

Recognitions and Memberships

Recognitions

  • Washington Business Forward, "Attorney to Call for Help in the M&A Deal of your Life"
  • Who's Who Legal and Global Competition Review: Thought Leaders, Competition (2018)
  • Who's Who Legal and Global Competition Review: Competition Lawyers (2002 to 2010, 2012 to 2019)
  • The Legal 500 United States (2019)
    • Recommended in Antitrust: Merger Control
  • Washington, DC "Super Lawyer" (2007 to 2019)
  • Chambers USA: Antitrust in District of Columbia
    • Band 4 (2019)
  • Martindale-Hubbell: AV Preeminent

Prior Positions

  • Federal Trade Commission, Bureau of Competition (1976 to 1993)

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • District of Columbia
  • New York

Education

  • J.D., Columbia University School of Law, 1976; Charles Evan Hughes Fellow; Stone Scholar
  • B.A., Columbia University, Columbia College, 1973, magna cum laude; Phi Beta Kappa