J Mark Gidley heads White & Case's internationally recognized Global Antitrust Group, where he focuses on mergers, acquisitions, and cartel cases. Mr. Gidley frequently represents parties in matters having an international dimension, such as work involving American, European, Canadian, Korean, Japanese, Australian, and other competition authorities worldwide.
Mr Gidley served in antitrust-related positions within the US Department of Justice from 1990 to 1993. From 1992 to 1993, he served as Acting Assistant Attorney General for the Antitrust Division, with responsibility for all of the Division's enforcement efforts. He brought the largest antitrust forfeiture action in US history, the Division's Treasury bond criminal probe of Salomon Brothers.
His recent victories include representation of Toshiba in two jury trials in 2012 and 2013 regarding allegations of cartel activity in the LCD industry. In Summer 2013, Mr Gidley successfully defended Toshiba in a class action opt out trial, 2013's largest antitrust damages trial, where the jury completely exonerated Toshiba, finding no liability and rejecting the US$2.3B in damages claimed. The separate July 2012 class action case resulted in a jury verdict of no recoverable damages against Toshiba; the class had sought damages of nearly US$2.7B. The class action case was named "Litigation of the Year" by Global Competition Review in 2013, and was lauded by the Financial Times in its 2012 Innovative Lawyers Special Report. Other recent victories include representation of Stolt-Nielsen SA in the 2010 US Supreme Court ruling in the AnimalFeeds case, which defines the contours of permissible class arbitration, and in a trial victory before the Korean Fair Trade Commission. He also won a take-nothing jury verdict and the related appeal in defending Malaysian rubber producers against overseas price-fixing charges (Dee-K v Heveafil). This was the first US jury trial under the Hartford Fire extraterritoriality test. Mr Gidley's trial work also includes the first defense of a patent settlement agreement in a trial against the US Federal Trade Commission, involving client Upsher-Smith Laboratories' settlement with Schering-Plough (K-Dur).
Mr Gidley has an active merger and acquisitions practice. Most recently, 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 AnimalFeeds matters each were designated as three of the Most Innovative US legal matters by Financial Times.
Mr Gidley's practice draws on the strength and breadth of White & Case's antitrust practice, which is conducted through 39 offices. Mr. Gidley is co-editor of Worldwide Antitrust Merger Notification Requirements, a compendium of the merger compliance obligations around the world. He was ranked among the top 10 competition lawyers under the age of 45 worldwide in a Global Competition Review survey.