Mark W. Nelson’s practice focuses on global antitrust matters, with an emphasis on merger cases and U.S. civil litigation.
His U.S. practice includes extensive merger work and antitrust counseling, and litigation experience in both civil and criminal matters, as well as in FTC administrative proceedings. Mark’s global practice involves merger cases before the European Commission and national authorities throughout Europe, Asia, and South America, as well as defending actions involving alleged restraints of trade and abuses of dominant position in EU proceedings. He has also been actively involved in litigation, investigations, and counseling in matters involving the intersection of antitrust and intellectual property law, in particular in the context of patent pools and standards-setting.
Mark joined the firm in 1993 and became a partner in 2002. He was resident in the Brussels office for three years.
Lafarge in its €40 billion merger of equals with Holcim to create the world’s largest construction materials company. Named “Merger Control Matter of the Year – Europe” by Global Competition Review in 2015.
Google in the $2.91 billion sale of Motorola Mobility’s mobile devices business to Lenovo Group.
Tech Data Corporation in its $2.6 billion acquisition of the technology solutions business of Avnet, Inc.
Samsung Electronics in the sale of its printer business to HP Inc. for $1.05 billion in cash.
IMS Health Holdings in its $17.6 billion merger of equals with Quintiles.
EMC in the DOJ and FCO investigation of participation in the consortium (including Apple, Microsoft and Oracle) acquiring a portfolio of patents from Novell, as well as in previous acquisitions and its strategic worldwide partnership with Lenovo.
Kindred Healthcare in numerous transactions, including its $1.8 billion acquisition of Gentiva Health Services.
Italmobiliare SpA in the announced $4.1 billion sale of its Italcementi SpA business to HeidelbergCement, including the combination of the parties’ U.S. building products subsidiaries.
Deutsche Telekom in T-Mobile USA’s acquisition of MetroPCS, and in its proposed $39 billion sale of T-Mobile USA to AT&T.
OCI in the announced $8 billion sale of its North American, European and Global Distribution businesses to CF Industries.
OpenText in its $1.165 billion acquisition of GXS Group.
Litigation and Investigations
Kawasaki Kisen Kaisha and its subsidiary “K” Line America in winning complete dismissal of class actions brought by direct and indirect purchasers of ocean vehicle carrier services. Previously advised “K” Line in antitrust investigations into price fixing in the car shipping industry, including advising in its plea agreement with the DOJ.
ArcelorMittal in federal antitrust class action alleging an industry-wide agreement among steel producers to reduce output.
W.L. Gore & Associates in obtaining the closure (with no action taken) of its investigation into whether Gore’s business practices restricted competition in waterproof and breathable fabrics in violation of Section 5 of the FTC Act.
Lafarge in ongoing antitrust U.S. class action involving allegations of price fixing in the gypsum wallboard industry.
Citigroup in the DOJ investigation concerning potential anticompetitive conduct in the CDS industry.
Broadcom in various matters, including its Third Circuit appellate victory against Qualcomm in a monopolization suit involving standard-setting issues.
UTAC in a patent licensing dispute and ultimate settlement agreement with Tessera relating to semiconductor technology.
A major financial institution in investigations in the U.S., Europe, and Asia concerning global FX trading.
- Vice Chair, Books & Treatises, American Bar Association’s Antitrust Section
- Former Vice Chair, Antitrust & Competition Law Committee, Intellectual Property Owners Association
- Annual guest lecturer on EU competition law, George Mason University School of Law’s “European Union Law” course
Written articles and contributed to a variety of publications, including Global Competition Review, Competition Law of the European Community, Antitrust Law Developments, European Merger Control Law (chapter on U.S. merger control) and International Computer Law.
March 2012: Editor, Market Definition in Antitrust Theory and Case Studies (American Bar Association)
January 2012: The Case for Antitrust Law to Police the Patent Holdup Problem in the Standard Setting, Antitrust Law Journal
April 10, 2018
June 06, 2016
February 05, 2016
January 29, 2016
January 29, 2016
June 25, 2015
September 08, 2014
September 13, 2013
July 05, 2013
May 01, 2013
February 01, 2013
November 13, 2012
January 24, 2012
March 31, 2011
October 22, 2010
June 03, 2010
May 19, 2010
May 17, 2010
April 16, 2010
March 03, 2010
January 22, 2010