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J. Mark Gidley chairs the White & Case Global Antitrust/Competition practice, which is the only practice to have been named Competition Group of the Year for the past five years by Law360. His practice focuses on mergers and acquisitions, cartel cases, class actions, and pharmaceutical antitrust cases, with an emphasis on trying antitrust cases.
Mr. Gidley served in antitrust-related positions within the US Department of Justice from 1990 to 1993. From 1992 to 1993, he served as Acting Assistant Attorney General for the Antitrust Division, with responsibility for all of the Division’s enforcement efforts. He brought the largest antitrust forfeiture action in US history, the Division’s Treasury bond criminal probe of Salomon Brothers.
His recent victories include successfully defending Toshiba in two jury trials in 2012 and 2013 regarding alleged cartel activity in the LCD industry. In Summer 2013, the jury completely exonerated Toshiba in 2013’s largest antitrust damages trial, finding no liability and rejecting US$2.3B in damages claimed by the class action opt-out claimant. The related July 2012 class action case resulted in a jury verdict of no recoverable damages against Toshiba, although the class sought damages of nearly US$2.7B. The class action case was named “Litigation of the Year” by Global Competition Review in 2013, and was lauded by the Financial Times in its 2012 Innovative Lawyers Special Report.
Other recent victories include representation of Stolt-Nielsen in the April 2010 US Supreme Court ruling in the AnimalFeeds case, which defines the contours of permissible class arbitration. In 2007, Mr. Gidley represented Stolt-Nielsen in a landmark win that upheld the enforceability of their amnesty contract with the US Antitrust Division after a three-week criminal trial. The Stolt-Nielsen trial victory was recognized by The National Law Journal as a leading defense trial victory in 2008. Mr. Gidley also represented Stolt-Nielsen in connection with a trial verdict before the Korean Fair Trade Commission. He and his colleagues also won a jury trial victory in defense of Malaysian rubber producers against overseas price-fixing charges and defended the verdict on appeal (Dee-K v. Heveafil), which was the first US jury trial under the Hartford Fire extraterritorial cartel test. Additionally, Mr. Gidley’s trial work includes the first defense of a patent settlement agreement in a trial against the US Federal Trade Commission, involving client Upsher-Smith Laboratories’ settlement with Schering-Plough (K-Dur).
Mr. Gidley has an active merger and acquisitions practice as well. Most recently, he successfully represented Toyota Industries in 2013 in an acquisition that tested the US DOJ’s newly aggressive review of vertical transactions, and Pilot Travel Centers in its Flying J acquisition. The Toyota, Pilot and AnimalFeeds matters each were designated as three of the Most Innovative US legal matters by Financial Times.
Last Updated 20th September 2017