Mark Weiss is a partner in the Firm's North America Antitrust & Competition Practice Group. He is an experienced litigator and counselor with proficiency in antitrust litigation, class-action defense, federal multi-district litigation, and no-poach defense. Mark has vigorously and tirelessly represented clients in a variety of industries including manufacturing, mining, high-tech industries, banking, defense contracting, aerospace, and energy.
As an experienced antitrust counsel, Mark has also conducted cartel investigations and internal compliance reviews, and regularly provides antitrust advice on a broad range of non-litigation matters, including sales and distribution advice, antitrust compliance, competitive merger analysis, and merger clearance strategy.
Prior to joining Baker McKenzie, Mark worked at another global law firm with a focus on class-action antitrust litigation, including defending a global electronics manufacturer from price-fixing and collusion claims, defending a major global financial institution from antitrust collusion and boycott claims, and defending a large government defense contractor from claims alleging illegal no-poach agreements.
Representative Legal Matters
- Counsel for Defendant in In re: Hard Disk Drive Suspension Assemblies Antitrust Litigation (MDL 2918) in the Northern District of California alleging price-fixing claims.
- Advised a leading cinema operator on the US antitrust aspects with respect to an acquisition by another leading cinema operator, creating one of the world's largest cinema companies.
- Advised a global shipping company in a DOJ criminal antitrust investigation.
- Advised a global publishing company on compliance with a third-party subpoena related to an acquisition in the publishing industry.
- Advised a bioscience company on the US antitrust aspects of a distribution agreement.
- Advised a global car rental agency on the US antitrust aspects of advertising restrictions.
- Advised a manufacturer of consumer products on the US antitrust aspects of commercial distribution contracts and a minimum advertising pricing policy.
- Advised a global aviation training company on antitrust compliance guidelines and contractual terms.
Prior to joining the Firm, Mark handled the following matters:
- Counsel for Defendant in In re: Capacitors Antitrust Litigation in the Northern District of California alleging collusion and price-fixing. The client favorably settled with direct and indirect purchaser classes.
- Counsel for Defendant in Hunter v. Booz Allen Hamilton in the Southern District of Ohio alleging use of illegal no-poach agreements to restrain the employment market for government intelligence services.
- Counsel for Defendant in In re: Stock Loan Antitrust Litigation in the Southern District of New York alleging collusion and boycott claims in the stock lending market.
- Counsel for Defendant in Knurr v. Orbital ATK in the Eastern District of Virginia alleging violations of the federal securities laws. The case settled favorably.
- Counsel for Defendant in Orbital Sciences v. United Launch Alliance in the Eastern District of Virginia alleging exclusionary conduct claims. The case settled favorably.
- Successfully represented companies in front of the FTC and DOJ to clear mergers or acquisitions in a number of industries including grocery retail, automotive parts manufacturing, pawn shops, and recreational vehicle manufacturing.
- District of Columbia~United States (2014)
- Virginia~United States (2013)
- U.S. District Court, Eastern District of Virginia (2014)
- U.S. Court of Appeals, Fourth Circuit~United States (2018)
- George Mason University School of Law (JD, magna cum laude) (2013)
- Claremont McKenna College (BA Economics & Government) (2007)
- Panelist, "Antitrust Agreement at Summary Judgment" ABA Joint Conduct Committee Panel, Nov. 2, 2021
- Editor, Cartel & Joint Conduct Review, Newsletter, Spring 2020
- Co-author, "Procurement Collusion Strike Force and Implications for US Companies and Beyond," November 2019 (nominated to shortlist for Concurrences 2020 Antitrust Writing Awards)
- Author, "The Seventh Circuit Shows Steely Resolve in Scrapping a Putative Class of Indirect Purchasers," American Bar Association, Cartel & Joint Conduct Review, Winter 2019
- Co-author, "The Department of Defense's Role in Merger Review," CPI Antitrust Chronicle, April 2019
- Co-author, "United States: Cartels," The Antitrust Review of the Americas 2019, Global Competition Review
- Co-author, "The FTC's Consent Decree in the Staples/Essendant Deal Sets the Playing Field for the New Commission's Split on Antitrust Enforcement," The M&A Lawyer, Volume 23, Issue 3, March 2019