Latest Posts
Search for:
Author

Mark Hamer

Browsing
Mark H. Hamer is Global Chair of the Firm's Antitrust & Competition Practice Group, comprised of over 300 competition lawyers in over 60 offices across 43 countries. Mark has over 25 years of wide-ranging litigation experience, including first-chair roles in jury trials, bench trials and arbitrations. His primary focus is antitrust litigation. Before joining Baker McKenzie, Mark was a successful trial attorney in the Antitrust Division of the US Department of Justice. He was involved in some of the DOJ's highest-profile antitrust trials. Before joining the DOJ, Mark was a partner at another global law firm where he handled complex multidistrict antitrust class actions in courts across the nation. Mark's practice focuses on antitrust litigation, both private and public. He assists clients in the defense of merger challenges, class actions, and civil and criminal investigations. He helps clients navigate federal and state regulatory inquiries, enforcement actions, complex merger clearance matters and multidistrict antitrust class actions. As an experienced antitrust counsel, Mark also regularly provides antitrust advice on a broad range of non-litigation matters, including antitrust deal support, merger clearance strategy, sales and distribution advice, and antitrust compliance.
In Antitrust

United States: Antitrust Division agrees to mid-trial settlement to resolve merger challenge

by , , and 4 Mins Read

In brief The Antitrust Division of the Department of Justice (DOJ) announced that it reached a settlement in its litigation challenge against ASSA ABLOY AB’s (“Assa Abloy”) proposed USD 4.3 billion acquisition of Spectrum Brand Holding Inc.’s Hardware and Home Improvement division (“Spectrum”). [1] The settlement, which came in the middle of trial and is now subject to court approval, is the first negotiated settlement under DOJ Assistant Attorney General Jonathan Kanter. Notably, comments from the…

In FTC

United States: FTC puts companies on notice that failure to provide support for their product claims could result in civil penalties

by , , and 3 Mins Read

In brief On 13 April 2023, the Federal Trade Commission (FTC) issued a letter containing a Notice of Penalty Offenses Concerning Substantiation of Product Claims to approximately 670 advertisers, putting each company on notice that deceiving consumers with advertisements that make unsubstantiated product claims could subject the company to civil penalties of up to USD 50,120 per violation under 15 U.S.C. § 45(m)(1)(B). The FTC noted that, while the initial distribution of the Notice was specific to those making…

In SEC

United States: SCOTUS upholds district court’s jurisdiction over challenges to SEC and FTC actions

by and 4 Mins Read

In brief On 14 April 2023, the United States Supreme Court issued its opinion in Axon Enterprise, Inc. v. Federal Trade Commission et al., and unanimously held that a litigant challenging the constitutionality of an agency administrative enforcement action need not await the outcome of that action before bringing their constitutionality challenge in federal district court. In depth The Court in Axon Enterprise, Inc. considered two separate matters based on administrative enforcement proceedings: one from the…

In Antitrust

Global Guide to Competition Litigation

by , , , and 1 Min Read

Twenty six countries now authorize private civil damage actions for antitrust/competition law allegations. In several of these countries, claims may proceed as class or collective claims. Litigation strategy requires accounting for all claims, and coordinating them with regulatory investigations by government antitrust authorities. Consistency in approach, while dealing with the requirements of local laws, can be key to resolving antitrust matters for global companies. Our Global Guide to Competition Litigation (2016) helps to orient you…