Mark Botti 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; financial services, including electronic payment systems; intellectual property and high technology matters; forestry products; consumer products; national defense; media and entertainment; and insurance.
Mark served for 13 years at the U.S. 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 investigatory matters and on the development of their merger and other antitrust regulations and practices. Mark was the 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 drafted the agency's joint seminal report, "Improving Health Care: A Dose of Competition."
A member of the American Bar Association, Mark has served in various leadership positions, including chair of the Unilateral Conduct Committee and vice chair of both the Joint Conduct Committee and the Healthcare and Pharmaceutical Committee. He was a member of its special task forces on Health Care Reform and Pharmaceutical Reverse Payments. Mark is a frequent speaker and writer on a variety of antitrust topics.
Mark's experience and practice crosses international boundaries. He served as a consultant to a recently established international enforcement agency drafting its initial regulations. He also serves as a non-governmental 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. Mark gave the first substantive merger presentation at the formation of the ICN. 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. In 2014, he again presented at the Merger Workshop in New Delhi.
- Chief, Litigation I Section, U.S. Department of Justice, Antitrust Division.
- Assistant Chief, Litigation II Section, U.S. Department of Justice, Antitrust Division.
- Trial Attorney, Professions and Intellectual Property Section, U.S. Department of Justice, Antitrust Division.
- Judicial Clerk to Hon. David A. Nelson, U.S. Court of Appeals for the Sixth Circuit.
- Judicial Clerk to Hon. John M. Manos, U.S. District Court for the Northern District of Ohio.
Awards & Community
Listed in Chambers USA, Antitrust, 2016-2019
Listed in Who's Who Legal: Competition, 2015
Recognized in The Best Lawyers in America (Woodward White, Inc.), 2013-2019
Recognized in The Washington Post's Best Lawyers in Washington, D.C., 2019
Recognized in Washington D.C. Super Lawyers, 2014-2018
Speaker, 67th ABA Section of Antitrust Law Spring Meeting