Marc Schildkraut, a partner in the Antitrust Practice Group, practices antitrust law before U.S. and international enforcement agencies and the courts, focusing on mergers, civil investigations and litigation. In the field of mergers, he obtained antitrust clearances in every matter in which he was the lead attorney despite having handled some the country's highest profile mergers, including the Chevron/Texaco merger, the Exxon/Mobil merger, the BP/Amoco merger, the Boeing/McDonnell Douglas merger, the PepsiCo/Quaker merger, the Albertson's/American Stores merger, the Texaco/Shell joint venture, Intel's acquisition of Chips and Technology, Comcast's acquisition of AT&T's cable business, Cargill's acquisition of Continental's grain trading business, the sale of Alpo to Nestle, Sunoco's two acquisitions of East Coast refineries, Frito Lay's acquisition of Eagle snack food manufacturing assets and Royal Dutch Shell's acquisition of Montedison.
Mr. Schildkraut's success in obtaining merger clearances includes several litigated matters. He thwarted two Federal Trade Commission attempts to enjoin acquisitions, representing Western Refining in the FTC's unsuccessful attempt to prevent Western's merger with a competing refiner, and representing Aloha Petroleum in the FTC's futile effort to enjoin Aloha's acquisition of a competing gasoline marketer. Mr. Schildkraut has also sought and obtained an injunction preventing a merger, representing The Bon-Ton in a successful private antitrust action that blocked a department store chain's acquisition of a competing chain.
Recognizing his achievements in the merger area, he was named the "Attorney to Call for Help in the M&A Deal of your Life" by Washington Business Forward, and has also been recognized by the Practical Law Company's Competition Law feature on Super League Lawyers; Global Competition Review's Who'sWhoLegal, The International Who's Who of Competition Lawyers and Economists;Chambers USA, The Client's Guide; Washington DC's Best Lawyers; Washington DC Super Lawyers, The Legal Media Group Guide to the World's Leading Competition Lawyers;and the Legal 500.
In addition to merger preliminary injunction actions, Mr. Schildkraut has litigated several matters that explore the interface between antitrust and intellectual property, including his representation of Intel in oral arguments before the Federal Circuit in Intergraph v. Intel, a case dealing with a refusal to deal in tangible intellectual property. He also represented Schering-Plough in Federal Trade Commission litigation concerning a so-called "reverse payment" and represented Qualcomm in a matter alleging that members of a standard setting organization were conspiring in restraint of trade. As in his merger work, as lead attorney, Mr. Schildkraut has always been successful in litigation.
Mr. Schildkraut was formerly an Assistant Director at the Federal Trade Commission's Bureau of Competition. While at the FTC, he directed the investigations of hundreds of mergers and several successful federal court injunction actions and administrative litigations. In addition to mergers, Mr. Schildkraut directed some of the most important conduct investigations at the FTC including the Microsoft investigation. He is the recipient of the FTC's annual award to the agency's top litigator.
Representative Matters
· Texaco/Chevron. Represented Texaco in its merger with Chevron.
· FTC v. Paul Foster, Western Refining and Giant Industries. Prevented the Federal Trade Commission from obtaining an injunction against Western Petroleum's merger with Giant Industries.
· FTC v. Aloha. Prevented the Federal Trade Commission from obtaining an injunction against Aloha Petroleum's acquisition of gasoline marketing assets from Truststreet Properties.
· Boeing/McDonnell Douglas. Represented McDonnell Douglas in its merger with Boeing.
· Intergraph Corp. v. Intel Corp. Successfully represented Intel in two arguments before the Federal Circuit Court of Appeals, establishing a patent holder's right to refuse to deal in its patented goods.
· The Bon-Ton Stores v. May Dept. Stores Co. Successfully represented The Bon-Ton in a rare private federal court action, which blocked May's acquisition of a competitor's department store chain in Rochester, New York.
· Schering-Plough v. FTC. Successfully defended Schering-Plough in administrative litigation before the Federal Trade Commission, testing whether a settlement of a patent lawsuit is unlawful.
· PepsiCo/Gatorade. Represented Pepsi Cola in its acquisition of Gatorade.
· American Stores/Albertson's. Represented American Stores in its merger with Albertson's.
· Exxon/Mobil. Represented both Exxon and Mobil in their merger.
Awards and Recognition
· "Attorney to Call for Help with the M&A Deal of your Life" by Washington Business Forward.
· "Highly Recommended Competition Lawyer" by Practical Law Company.
· The Practical Law Company's Competition Law feature on Super League Lawyers
· Global Competition Review's Who'sWhoLegal, The International Who's Who of Competition Lawyers and Economists
· Chambers USA, The Client's Guide;
· Washington DC's Best Lawyers;
· The Legal Media Group Guide to the World's Leading Competition Lawyers
· "Top Litigator Award" by the Federal Trade Commission.