Biography
Mark advises a wide range of clients on all aspects of antitrust merger review before the U.S. Federal Trade Commission, Department of Justice, and international competition authorities. Mark routinely works with clients to assess antitrust transaction risk and plan strategy and advocacy before antitrust authorities. Mark also has deep experience navigating federal antitrust investigations, including HSR second request compliance, third-party subpoena compliance, and the defense of depositions and investigational hearings before the FTC and DOJ.
Mark has extensive expertise in navigating the merger consent process. While in government, Mark guided numerous merger investigations to consent agreements. Under the Biden Administration—which was notoriously stringent in accepting settlements—Mark and his team handled the consent agreements in Price Chopper/Tops and Tractor Supply/Orscheln, two of a small number of merger consents approved in that period. In private practice, Mark has engaged with both the FTC and DOJ in consent discussions and has counseled numerous clients on the parameters of the consent process. Mark led negotiations with the FTC in the 2026 settlement of 365 Retail Market’s acquisition of Cantaloupe, Inc., which involved a divestiture and behavioral commitments.
In 2026, Mark was named a “Leading Global Antitrust & Competition Lawyer” by Lawdragon 500. The publication notes that those selected “negotiate deals that pass regulatory scrutiny, battle for consumers as well as companies in massive competition contests and navigate the frameworks of numerous countries and markets for global forces.” He has been a leading voice on antitrust and competition issues since joining Weil, engaging audiences through panels, podcasts, webinars, as well as through his published blog posts and client alerts. While in government, he was also a frequent speaker and writer. Mark has been a six-time panelist at the ABA Antitrust Section’s Spring Meeting, the premier annual antitrust conference and has also spoken to broader audiences in podcasts and at gatherings of in-house counsel. Multiple publications have highlighted Mark’s work and its impact, including The Antitrust Source, which published his co-authored article, “DraftKings/FanDuel: Adventures in Challenging a Merger Using an Effects-Driven Approach.”
During his time at the FTC, Mark oversaw hundreds of merger investigations and, in his most recent position as head of the Mergers IV Division, was the lead government enforcer for transactions in a broad variety of sectors including the retail, consumer products, grocery, casino, and health care services industries. His agency experience has allowed him to work closely with regulators around the world, developing relationships that are invaluable given the increasing globalization of the merger review process. Likewise, Mark has also worked closely with state-level antitrust enforcers, especially as many state attorneys general have become more active in antitrust enforcement. Mark’s participation in the development of the FTC’s merger enforcement priorities, litigation strategies, and theories of antitrust harm allow him to provide practical, real-world guidance clients need to inform their business and M&A strategies.
In his role as an antitrust enforcer, Mark was also a first-chair litigator with extensive trial experience in FTC merger cases. He has played a leading role in several of the FTC’s most prominent merger litigations, including Sysco/US Foods, DraftKings/FanDuel, J.M. Smucker/Conagra, Jefferson Health/Einstein Healthcare Network, Hackensack Meridian Health/Englewood Health, Louisiana Children’s Medical Center/HCA.
In addition to his leadership experience at the FTC, Mark has held several other key roles in government, including Counsel to the Director of the Bureau of Competition at the FTC, where he advised the Bureau’s leadership, worked closely with agency officials and first-chaired approximately two dozen criminal bench trials.
While in government, Mark was a thought leader in competition policy issues across the federal government, with state governments, and internationally. As the leader of the Mergers IV Division, Mark was frequently called upon to brief the House Judiciary Committee and the Senate Commerce Committee on his division’s investigations and competition policy issues. He also interacted with state attorneys general on investigations and policy issues, and he testified at public hearings as an FTC representative. Mark has also engaged with competition enforcers across the globe, including the European Commission, the United Kingdom, Canada, and Brazil. The FTC has repeatedly recognized Mark’s accomplishments and expertise and he is a four-time recipient of the agency’s Janet Steiger Team Award and a three-time recipient of the agency’s Award for Superior Service. In 2009, he was the recipient of the agency’s Director’s Award and in 2008, he received the agency’s Award for Meritorious Service.
Mark is an active member of the American Bar Association, Section of Antitrust Law and the American Health Law Association.
Key Representations:
- Groupe Lactalis on its $2.1 billion acquisition of the U.S. yogurt business of General Mills.
- Providence Equity Partners and its portfolio company 365 Retail Markets in the acquisition of Cantaloupe, Inc. for ~$848 million, including its successful consent agreement with the Federal Trade Commission involving the divestiture of the Three Square Market business to Seaga, Inc., and behavioral commitments related to interoperability of technology.
- Goldman Sachs on the HSR and antitrust risks of multiple transactions, including its acquisition of Industry Ventures for $965 million, Goldman Sachs Alternatives’ acquisition of majority stake in NAVEX, and Goldman Sachs Alternatives’ acquisition of Schellman.
- Lone Star funds on the antitrust analysis for multiple transactions.
- TruArc Partners in the sale of Ideal Triton to Nautic Partners.
- A global technology company in relation to third-party FTC subpoena compliance.
- An international insurance firm on antitrust information sharing and HSR considerations in M&A strategy.
- The leadership of businesses held separate pursuant to FTC Order.
- A global consumer packaged goods company on antitrust implications of industry-level cooperation.