J Mark Gidley heads White & Case’s internationally recognised global antitrust group, where he focuses on cartel cases, class actions, pharmaceutical antitrust and mergers and acquisitions. He frequently represents parties in antitrust matters that have an international dimension, including work involving the American, European, Canadian, Korean, Japanese, Australian and other competition authorities. Mr Gidley’s antitrust cases placed him on National Law Journal’s inaugural list of “Top Litigation Trailblazers” in the US, and on Law360’s inaugural “Trial Aces in Antitrust” list.
Mr Gidley served within the US Department of Justice, serving as deputy assistant attorney general for regulated industries from 1991 to 1992, and acting assistant attorney general for the DOJ antitrust division from 1992 to 1993. Previously, he served as associate deputy attorney general from 1990 to 1991, with responsibility for the antitrust and civil divisions. During his tenure, he handled a number of high-profile mergers in the banking and airline sectors, and the Treasury Bond auction probe into price-fixing, leading to a record-setting asset forfeiture recovery.
His recent victories include the conclusion of a six-continent, seven-year grand jury investigation of French power cable firm Nexans by the US DOJ Antitrust Division. He also defended Warner Chilcott/Actavis against claims of monopolisation based on alleged "product hopping" in connection with Doryx, which was the first grant of summary judgment against antitrust “product hopping” claims. Mr Gidley was named "Litigator of the Week" by Global Competition Review for his leading role in the victory.
He successfully defended Toshiba in two jury trials regarding alleged cartel activity in the LCD industry. In summer 2013, the jury completely exonerated Toshiba in the year’s largest antitrust damages trial, finding no liability and rejecting US$2.3 billion in damages claimed by the class action opt-out claimant. The July 2012 class action case resulted in a jury verdict of no recoverable damages against Toshiba, although the class sought damages of nearly US$2.7 billion The class action case was named “Litigation of the Year” by Global Competition Review in 2013, and was lauded by Financial Times in its “2012 Innovative Lawyers Special Report”. The class action opt-out case was recognised in the Financial Times’ “2014 Innovative Lawyers Special Report”.
Other recent victories include representation of Stolt-Nielsen in the April 2010 US Supreme Court ruling in the Animal Feeds case, which defines the contours of permissible class arbitration. In 2007, Mr Gidley represented Stolt-Nielsen in a landmark win that upheld the enforceability of their amnesty contract with the US Antitrust Division after a three-week criminal trial. He represented Stolt-Nielsen in connection with a trial verdict before the Korean Fair Trade Commission. He also won a jury trial victory in defense of Malaysian rubber producers against overseas price-fixing charges and defended the verdict on appeal, which was the first US jury trial under the Hartford Fire extraterritorial cartel test.
Mr Gidley also has an active merger and acquisitions practice. He successfully represented Toyota Industries in 2013 in an acquisition that tested the US DOJ’s newly aggressive review of vertical transactions, and Pilot Travel Centers in its Flying J acquisition. The Toyota, Pilot and Animal Feeds matters each were designated as three of the “most innovative US legal matters” by the Financial Times.
WWL says: An "outstanding lawyer who heads up a tremendous team"
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