Botti, Mark J.

Mark J. Botti


Mark Botti co-leads our Antitrust & Competition Practice Group. Mark 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; electronic payment systems, intellectual property and high technology matters; consumer products; national defense; media and entertainment; and insurance.

Before joining us, Mark served for 13 years at the US 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 particular matters and on the development of their merger and other antitrust regulations and practices. Mark was the career 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 the drafting of the agencies’ joint seminal report, “Improving Health Care: A Dose of Competition.”

Active in the American Bar Association, Mark is a vice chair of the Joint Conduct Committee and was a member of its special task forces on Health Care Reform and Pharmaceutical Reverse Payments. He has given numerous public presentations on antitrust litigation, mergers and joint ventures, and healthcare. Mark is 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. 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.


Public Service

  • Chief, Litigation I Section, US Department of Justice, Antitrust Division.
  • Assistant Chief, Litigation II Section, US Department of Justice, Antitrust Division.
  • Trial Attorney, Professions and Intellectual Property Section, US Department of Justice, Antitrust Division.
  • Judicial Clerk to Hon. David A. Nelson, US Court of Appeals for the Sixth Circuit.
  • Judicial Clerk to Hon. John M. Manos, US District Court for the Northern District of Ohio.


  • Case Western Reserve University, J.D., cum laude, 1985
  • Dartmouth College, A.B., 1982


  • District of Columbia, 1989


  • U.S. Ct. of App., Fourth Circuit
  • U.S. Ct. of App., Sixth Circuit
  • U.S. Dist. Ct., Dist. of Columbia
  • U.S. Dist. Ct., N. Dist. of Ohio
  • Recognized in Chambers USA 2017 Edition for: District of Columbia - Antitrust
  • Recommended in Chambers USA 2016 for Antitrust in the District of Columbia
  • The Best Lawyers in America 2013-2017 for Antitrust Law and Litigation – Antitrust
  • Included in Who’s Who Legal: Competition 2015
  • Washington DC Super Lawyers - Antitrust Litigation, Health Care
  • Recognized as one of Nightingale’s Outstanding Healthcare Antitrust Lawyers (2008)

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Recent Speaking Engagements

  • “Reducing the Risks of Consolidation, Realignment, Specialized Clauses, and Other Business Maneuvers That Can Violate Antitrust Laws,” ACI 3rd Annual Advanced Forum on Managed Care Disputes and Litigation, May 8-10, 2013.
  • “Key Compliance Considerations When Dealing with the Federal Government: False Claims, Antitrust, and FCPA,” web conference, June 6, 2012.
  • Panelist, “Section 2 Litigation: Is Aspen Skiing Still Viable?,” ABA Antitrust Section Spring Meeting, 2012.
  • “Minimizing the Risks of Consolidation, Realignment, Specialized Clauses, and Other Business Maneuvers that Can Violate Antitrust Laws,” at ACI's 2nd Annual Advanced Forum on Managed Care Disputes and Litigation, May 23, 2012.
  • “Antitrust Liability in Mergers and Acquisitions: Assessing and Allocating Risk,” a Strafford CLE webinar, May 24, 2011.
  • Speaker, 6th Annual In-House Counsel Forum on Pharmaceutical Antitrust, May 10, 2011.
  • Panel Moderator, “Organic Integrity from Farm to Table, Consumers Trust the Organic Label,” ABA Antitrust Section Spring Meeting, 2011.

Recent Publications

  • “Redefining the Border Between Intellectual Property and Antitrust: Implications of FTC v. Actavis,” June 2013.
  • “DOJ’s ABI/MODELO CHALLENGE: Seeds of More Aggressive Merger Review & Enforcement,” Legal Backgrounder, Washington Legal Foundation, Vol. 28 No. 4, May 3, 2013.
  • “Health Information Technology and Antitrust: Those Who Forget the Past Are Destined to Repeat It,” Antitrust & Trade Regulation Report™, Bloomberg BNA, 104 ATRR 250, March 2013.
  • “FTC Health Care Division Issues Advisory Opinion Letter Approving PHO,” February 2013.
  • “No HSR Filing Doesn't Mean No Antitrust Concern,” Law360, October 26, 2012.
  • “Federal Court Explains Denial of Motion To Dismiss In “Most Favored Nations” Clause Decision,” The Metropolitan Corporate Counsel, October 2011.
  • “Case Study: Structuring Collaborative Agreements to Proactively Minimize Potential Exposure to Antitrust Enforcement & Litigation,” ACI In-House Counsel Forum on Pharmaceutical Antitrust, May 11, 2011.
  • “Justice Department Launches Section 1 Attack on 'Most Favored Nations' Clauses in Hospital Contracts,” The Antitrust Counselor, January 2011.
  • “DOJ Decision on “No Solicitation” Agreement Provides Guidance on Antitrust Violations in Recruiting,” Metropolitan Corporate Counsel, December 2010.