Listed in The Best Lawyers in America® 2014, an honor based on an exhaustive peer-review process.
Mark J. Botti
Mark Botti is co-leader of the Global Antitrust & Competition Practice Group. Mark advises clients and represents them on the full spectrum of antitrust matters, including government investigations, mergers and acquisitions, joint ventures, government and private litigation, and competition policy matters. His work has spanned all sectors of the economy, including healthcare, managed care and health information technology; electronic payment systems, intellectual property and high technology matters; consumer products; national defense; media and entertainment; and insurance.
Before joining Squire Sanders, Mark served for 13 years at the US Department of Justice in various litigation and leadership positions within the Antitrust Division. Mark litigated and supervised complex antitrust matters, mergers and acquisitions, monopolization cases and joint ventures. He consulted regularly with international antitrust enforcement authorities on particular matters and on the development of their merger and other antitrust regulations and practices. Mark was the career Division official who directly oversaw the extensive hearings held by the Division and the Federal Trade Commission on healthcare during the years 2004-2005, as well as the drafting of the agencies’ joint seminal report, “Improving Health Care: A Dose of Competition.”
Active in the American Bar Association, Mark is a vice chair of the Joint Conduct Committee and was a member of its special task forces on Health Care Reform and Pharmaceutical Reverse Payments. He has given numerous public presentations on antitrust litigation, mergers and joint ventures, and healthcare.
Mark is a nongovernmental advisor to the International Competition Network (ICN) merger committee. The ICN is a network of antitrust agencies from developed and developing countries that addresses antitrust enforcement and policy issues of common interest and formulates proposals for procedural and substantive convergence. In 2010, he participated as counsel for the Merging Parties at the Mock Merger Review Workshop of the ICN’s Merger Policy & Practice Committee in Rome, Italy.
Awards & Distinctions
- Chief, Litigation I Section, US Department of Justice, Antitrust Division.
- Assistant Chief, Litigation II Section, US Department of Justice, Antitrust Division.
- Trial Attorney, Professions and Intellectual Property Section, US Department of Justice, Antitrust Division.
- Judicial Clerk to Hon. David A. Nelson, US Court of Appeals for the Sixth Circuit.
- Judicial Clerk to Hon. John M. Manos, US District Court for the Northern District of Ohio.
Recent Speaking Engagements
- The Best Lawyers in America 2013 - litigation-antitrust.
- Recognized as one of Nightingale’s Outstanding Healthcare Antitrust Lawyers (2008).
- “Reducing the Risks of Consolidation, Realignment, Specialized Clauses, and Other Business Maneuvers That Can Violate Antitrust Laws,” ACI 3rd Annual Advanced Forum on Managed Care Disputes and Litigation, May 8-10, 2013.
- “Key Compliance Considerations When Dealing with the Federal Government: False Claims, Antitrust, and FCPA,” web conference, June 6, 2012.
- Panelist, “Section 2 Litigation: Is Aspen Skiing Still Viable?,” ABA Antitrust Section Spring Meeting, 2012.
- “Minimizing the Risks of Consolidation, Realignment, Specialized Clauses, and Other Business Maneuvers that Can Violate Antitrust Laws,” at ACI's 2nd Annual Advanced Forum on Managed Care Disputes and Litigation, May 23, 2012.
- “Antitrust Liability in Mergers and Acquisitions: Assessing and Allocating Risk,” a Strafford CLE webinar, May 24, 2011.
- Speaker, 6th Annual In-House Counsel Forum on Pharmaceutical Antitrust, May 10, 2011.
- Panel Moderator, “Organic Integrity from Farm to Table, Consumers Trust the Organic Label,” ABA Antitrust Section Spring Meeting, 2011.
- “Redefining the Border Between Intellectual Property and Antitrust: Implications of FTC v. Actavis,” June 2013.
- “DOJ’s ABI/MODELO CHALLENGE: Seeds of More Aggressive Merger Review & Enforcement,” Legal Backgrounder, Washington Legal Foundation, Vol. 28 No. 4, May 3, 2013.
- “Health Information Technology and Antitrust: Those Who Forget the Past Are Destined to Repeat It,” Antitrust & Trade Regulation Report™, Bloomberg BNA, 104 ATRR 250, March 2013.
- “FTC Health Care Division Issues Advisory Opinion Letter Approving PHO,” February 2013.
- “No HSR Filing Doesn't Mean No Antitrust Concern,” Law360, October 26, 2012.
- “Federal Court Explains Denial of Motion To Dismiss In “Most Favored Nations” Clause Decision,” The Metropolitan Corporate Counsel, October 2011.
- “Case Study: Structuring Collaborative Agreements to Proactively Minimize Potential Exposure to Antitrust Enforcement & Litigation,” ACI In-House Counsel Forum on Pharmaceutical Antitrust, May 11, 2011.
- “Justice Department Launches Section 1 Attack on 'Most Favored Nations' Clauses in Hospital Contracts,” The Antitrust Counselor, January 2011.
- “DOJ Decision on “No Solicitation” Agreement Provides Guidance on Antitrust Violations in Recruiting,” Metropolitan Corporate Counsel, December 2010.
Case Western Reserve University, J.D., cum laude, 1985Dartmouth College, A.B., 1982
District of Columbia
U.S. Ct. of App., Fourth Circuit
U.S. Ct. of App., Sixth Circuit
U.S. Dist. Ct., Dist. of Columbia
U.S. Dist. Ct., N. Dist. of Ohio