Search for:
Author

Mark G. Weiss

Browsing
Mark Weiss is a partner in the Firm's North America Antitrust & Competition Practice Group and the North American Chair of the Practice’s Litigation Task Force. He is a seasoned litigator with deep expertise in antitrust, class action, and federal multi-district litigation and represents clients in high-stakes disputes across a range of industries, with a focus on complex commercial and competition-related claims. Mark defends clients in nationwide class actions and seamlessly navigates the procedural and strategic challenges of MDLs in federal court. Mark’s is also a highly regarded criminal antitrust attorney with significant experience representing clients in complex cartel investigations and enforcement actions. Mark has a strong track record advising corporations and executives in high-stakes matters involving the U.S. Department of Justice’s Antitrust Division, particularly in cases involving leniency and cooperation strategies. He has a deep understanding of the leniency program and is a trusted advisor in navigating cross-border investigations. Mark also has extensive experience as a leading antitrust merger attorney and has led numerous clients through complex regulatory reviews and merger clearance processes. He advises on all aspects of pre-merger strategy, including Hart-Scott-Rodino (HSR) filings, competitive risk assessments, and engagement with the Federal Trade Commission and Department of Justice. Mark advises clients on a wide range of antitrust compliance issues, helping companies design and implement effective compliance programs tailored to their business operations and risk profiles. Mark is an expert in handling matters consistent with recent antitrust trends including artificial intelligence, algorithmic pricing, information-sharing, and both vertical and horizontal practices. He regularly conducts internal audits, risk assessments, and training for legal and business teams, and provides strategic guidance on interactions with competitors, pricing practices, and distribution arrangements.

On 15 February 2022, the Department of Defense (DoD) released a 30-page report titled State of Competition within the Defense Industrial Base (“Report”) surveying the state of competition across key defense sectors and laying out recommendations to spur increased competition in the defense industrial base. The Report is one of many required by numerous agencies in response to Biden’s July 2021 Executive Order.

Two years ago, on 5 November 2019, the Department of Justice (DOJ) announced the formation of the Procurement Collusion Strike Force (PCSF). DOJ press releases indicated the purpose was to create a joint, collaborative interagency partnership focused on deterring, detecting, investigating, and prosecuting antitrust crimes. The Strike Force has prosecutors from 22 US Attorneys’ Offices and 7 national law enforcement partner agencies, including the Antitrust Division of the DOJ, investigators from the Federal Bureau of Investigation, and the Inspectors General for multiple Federal agencies. To date, the PCSF is active in almost a quarter of US judicial districts and coordinates with many US agencies and offices.

On 14 September 2021, the US Department of Justice’s Antitrust Division and the US Federal Trade Commission issued a Joint Statement on antitrust enforcement regarding collaborative relief efforts after Hurricane Ida. The Statement recognizes that collaboration among companies – even among competitors – may be necessary and beneficial to assist communities with rebuilding and relief efforts. However, the Statement also makes clear that neither agency will tolerate attempts to subvert competition laws or engage in illegal conduct under the guise of disaster recovery.

On November 5, 2019, the United States Department of Justice (DOJ) announced the creation of a strike force, consisting of federal and state investigators and prosecutors, designed to target collusion in government procurement. This is the most recent joint law enforcement effort to combat antitrust crimes and related fraudulent practices,…