Ford_Mark

Mark A. Ford

Mark Ford is an experienced antitrust litigator and counselor who represents clients in state and federal courts and in agency investigations in matters concerning alleged monopolization, restraints of trade, price fixing, bid rigging, price discrimination, and other forms of anticompetitive conduct and unfair competition. Mr. Ford serves clients in the life sciences, technology, automotive and financial sectors. His antitrust litigation practice is nationally recognized, and he is considered a “Next Generation Lawyer” for his work defending antitrust class actions and litigating cases at the intersection of antitrust and intellectual property law.

Mr. Ford is a leading antitrust litigator and counselor for clients in the pharmaceutical and biopharmaceutical industry. He has litigated matters and regularly counsels clients concerning brand-generic settlements as well as defending allegations of sham litigation, Walker Process fraud, improper “Orange Book” listings and “product hopping.” He regularly advises clients on the antitrust implications of life cycle management strategies and sales strategies. His clients are among the leading pharmaceutical and biopharmaceutical firms in the world, and he has represented those companies and their employees in federal and state courts, before the Federal Trade Commission, and in matters brought by the European Commission.

Mr. Ford also has extensive experience litigating matters and advising clients on competition issues involving intellectual property. He has represented numerous companies targeted by abusive enforcement of intellectual property, including by bringing antitrust counterclaims on behalf of companies that are targeted by sham intellectual property litigation. In addition, Mr. Ford has extensive experience litigating antitrust matters arising from the assertion of standard-essential patents (SEPs). He has litigated several SEP antitrust claims in federal courts on behalf of clients alleging that SEP holders have violated commitments to license SEPs on fair, reasonable and non-discriminatory terms, representing some of the leading technology companies in the world. Mr. Ford has also appeared before the Department of Justice to address issues of SEP abuse.

Finally, Mr. Ford defends clients in follow-on civil litigation arising from cartel enforcement matters. He has served as lead counsel for companies facing multiple class actions, as well as suits by competitors, in the United States based on findings of cartel activities by foreign enforcers.

Professional Activities

Mr. Ford is a member of the Executive Committee of the Board of Directors for Greater Boston Legal Services. He is a former co-chair of the Antitrust Committee of the Boston Bar Association. He will serve as a part-time lecturer at Boston University School of Law beginning in 2022 and will teach a seminar course on antitrust and healthcare. Mr. Ford is admitted to practice before the First, Second and Third Circuit Courts of Appeals, the US District Court for the District of Massachusetts, and the US District Courts for the Eastern and Western Districts of Michigan. Mr. Ford is the former chair of the Zoning Board of Appeals for the Town of Marshfield, Massachusetts, and is currently serving on the Town’s Advisory Board.

Experience

    • Successfully moved to dismiss “product hopping” claims brought by state attorneys general against a major pharmaceutical company
    • Defeated bid rigging claims asserted against medical imaging company, resulting in settlement involving no payment to plaintiff
    • Successfully moved to dismiss sham litigation claim brought by putative class of indirect purchasers against Braintree Laboratories, Inc.
    • Served as lead counsel for an international auto parts manufacturer in US civil antitrust litigation following a finding of cartel activity in Europe, securing favorable settlement of all class actions.
    • Served as lead antitrust litigation counsel for a major company in the oil industry accused of monopolization based on allegations of Walker Process fraud, securing favorable settlement of all claims
    • Authored amicus briefs to the Second and Third Circuit Courts of Appeals and the United States Supreme Court on key antitrust issues facing the pharmaceutical industry, including reverse payments and product hopping claims.
    • Secured summary judgment dismissing conspiracy claims brought against multiple pharmaceutical companies arising from Hatch-Waxman settlement agreements.
    • Successfully briefed and argued a motion to exclude damages theories asserted by a generic drug company against innovator client, eliminating nearly $300 million in potential liability. 
    • Represented Braintree Laboratories, Inc. in defense of federal antitrust claims arising from alleged sham litigation, prevailing at trial before the United States District Court for the District of Delaware.
    • Represented leading technology companies in antitrust claims and agency investigations arising from allegedly anticompetitive assertions of standards-essential patents. 

Recognition

  • Recognized in the 2016–2021 editions of Chambers USA: America's Leading Lawyers for Business for his antitrust practice, with clients noting that he is a "next generation" lawyer who is "very responsive and thorough, [and is] an excellent lawyer".
  • Named to Boston Magazine’s inaugural Top Lawyers list in 2021 in the area of civil litigation/defense.
  • Recommended by The Legal 500 United States in 2016–2021 for his antitrust civil litigation practice, and named a "Next Generation Lawyer" in antitrust civil litigation in 2019 and 2020.
  • Named among the 2020–2022 Best Lawyers in America for his antitrust practice.

Insights & News

Credentials

  • Education

    • JD, Boston University School of Law, 2003

      summa cum laude William L. and Lillian Berger Achievement Prize; Article Editor, Boston University Law Review
    • BA, Political Science, University of Pennsylvania, 1998

  • Admissions

    • Massachusetts

    • US Court of Appeals for the First Circuit

    • US Court of Appeals for the Second Circuit

    • US Court of Appeals for the Third Circuit

    • US District Court for the District of Massachusetts

    • US District Court for the Eastern District of Michigan

    • US District Court for the Western District of Michigan

Credentials