Marc Schildkraut

Practice Areas

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.