Mark R. Butscha, Jr.
Ohio
Thompson Hine LLP
3900 Key Center
127 Public Square
Cleveland, OH 44114-1291
Tel: 216.566.5897
Email:
mark.butscha@thompsonhine.com
Web:
www.thompsonhine.com
Mark Butscha is a Partner in the Cleveland office of Thompson Hine LLP. The focus of Mark’s practice is antitrust counselling and litigation, merger control, government enforcement and white-collar criminal defence.
Mark prides himself on being a good listener and skillful at finding creative solutions to help his clients resolve antitrust issues. He guides clients through complex issues related to mergers and acquisitions, from risk assessment and reportability under the Hart-Scott-Rodino (HSR) Act and international merger control laws to inquiries and investigations by the U.S. Department of Justice and Federal Trade Commission related to antitrust and consumer protection issues.
Mark recently put that experience to use completing a secondment with a global power management company where he served as in-house competition counsel assisting in all aspects of an ongoing antitrust merger investigation. Mark’s antitrust practice also involves representing clients in complex litigation, including the recent defense of a “no-poach” class action, and counseling them through thorny antitrust compliance problems related to competitor collaborations, trade associations, group purchasing organizations, product distribution, and other supply chain issues.
Mark has represented businesses for more than a decade, and he leverages the understanding from that experience to help businesses respond to problems efficiently. He routinely works with clients to safeguard their interests while implementing economical strategies.
When litigation is necessary, Mark is a skilled advocate and experienced litigator who has represented clients in disputes across the country. He has argued several appeals in federal and state court, and he has first-chair trial experience.
Prior to joining Thompson Hine, Mark clerked at the New York Court of Appeals.
- Received a 2022 and 2023 Best Lawyers: Ones To Watch recognition for Commercial Litigation and Litigation-Antitrust; included in the inaugural edition of Best Lawyers: Ones to Watch for Commercial Litigation
- Selected to the Ohio Rising Stars list, 2019-2021
- Champion and Best Final Round Advocate, Mackenzie Hughes Edmund H. Lewis Appellate Competition
- Excellence Award, New York State Academy of Trial Lawyers
- CALI Excellence for the Future Awards: Appellate Advocacy, Constitutional Law, Constitutional-Criminal Procedure, Evidence and Legal Writing
Merger Control/Antitrust Investigations
- On secondment as in-house competition counsel, represented global power management company in connection with Second Request investigation of $3.3 billion merger.
- Represented global motion-and-control technologies manufacturer in connection with HSR filing and subsequent DOJ antitrust investigation of $4.3 billion merger.
- Represented manufacturer of equipment and components for oil-and-gas industry in connection with Second Request investigation of $2.5 billion merger.
- Represented scrap metal company in its purchase by competitor and related inquiry from DOJ.
- Regularly prepare HSR filings and counsel clients (including manufacturing companies, investors and private equity funds) regarding HSR reportability, exemptions and risk-sharing and related provisions in merger and purchase agreements.
Antitrust Counseling
- Advised European clients on U.S. antitrust risks posed by proposed mergers and acquisitions (including HSR compliance), as well as joint ventures and other competitor collaborations.
- Advised investment funds concerning antitrust issues associated with common ownership of competing portfolio companies.
- Advised clients, including dental imaging provider and aftermarket auto parts distributor, regarding antitrust risks associated with participation in group purchasing organizations.
- Advised manufacturers regarding exclusive supply and distribution arrangements
Antitrust, Class Action and Other Complex Litigation
- Represent Mission Essential, a defense and intelligence services provider, in antitrust class action alleging unlawful no-poach agreement between and among defense intelligence contractors.
- Represented specialty chemical manufacturer in antitrust price-fixing class action and follow-on litigation commenced under the False Claims Act.
- Successfully defended financial institution in class action alleging failure to timely record mortgage satisfactions, including several appeals.
- Won arbitration award on behalf of floor care manufacturer against terminated dealer.
- Part of team that obtained summary judgment on behalf of composite deck manufacturer in class action alleging product defects and breach of warranty.
- Part of team that obtained dismissal of complaint against national concert promoter commenced by concert venue alleging tortious interference and breach of contract.
- Successfully obtained temporary restraining order and preliminary injunctive relief on behalf of national financial institution to freeze assets of massive fraud.
- Successfully obtained judgment after bench trial against former employee of polymer manufacturer for breach of noncompete agreement and breach of duty of loyalty.
- Prepared writ of certiorari to U.S. Supreme Court on behalf of manufacturer of industrial vehicles concerning constitutionality of dealer statute.
Our Antitrust, Competition & Distribution practice appreciates how competition laws impact businesses and their executives, with a deep focus on helping our clients manage their antitrust related issues effectively and in a cost-efficient manner. Our practice covers a diverse range of antitrust, competition and consumer protection laws and regulations. For clients around the world, we provide strategic counseling, litigation representation, support in mergers and acquisitions and representation when dealing with state and federal enforcers, especially in the growing and dangerous area of criminal cartel investigations and enforcement.
Thompson Hine’s Antitrust, Competition & Distribution practice consists of lawyers who are dedicated to antitrust law and practice. We do not dabble in antitrust issues. Our lawyers are active in antitrust bar activities and have served or currently serve as members of the Council of the ABA Section of Antitrust Law and as chairs of committees in the Section as well as state bars. Our lawyers have written extensively on antitrust, distribution and unfair competition issues. We are recognized as leaders in our fields by publications such as Chambers USA and Who’s Who Legal: Competition. More importantly, we are recognized by our clients as committed to high-value client service — intellectually rigorous, frank, timely, efficient and cost-sensitive.
At Thompson Hine, we deliver. We combine deep antitrust experience and legal knowledge with a committed focus on our clients’ needs. We are client-centric. We have gained the trust of prominent businesses in a range of industries in the United States and throughout the world by guiding them through merger reviews, investigations, litigation and upheavals in their business practices and industries. We are committed to understanding our clients’ business and commercial goals in any contract, transaction or dispute and creatively working to help achieve those goals.
Thompson Hine has distinguished itself in all areas of Service Delivery Innovation in the BTI Brand Elite, where it has been recognized as one of the top 4 firms for “Value for the Dollar” and “Commitment to Help” and among the top 5 firms “making changes to improve the client experience.”
The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTH® – a smarter way to work – predictable, efficient and aligned with client goals.