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Martin J. Mackowski
Partner
Marty Mackowski is a partner in our Competition – Antitrust Practice. He provides strategic legal guidance across a range of antitrust and competition matters, including merger reviews, government investigations, litigation and counseling regarding compliance with existing and emerging regulatory requirements.
Marty represents clients in regulatory inquiries and investigations before the US Department of Justice (DOJ), Federal Trade Commission (FTC) and state attorney general offices, as well as global competition authorities in Europe, Asia and Latin America. He also represents clients in antitrust litigation involving alleged monopolization, price-fixing, bundling, tying, competitor collaboration, and unlawful mergers and acquisitions.
Marty advises businesses across a variety of industries, with a particular emphasis on technology and digital markets sectors. Prior to joining the firm, he served as associate general counsel at one of the world’s leading technology companies, where he advised on a range of litigation, regulatory and counseling issues at the cross-section of competition law and technology.
Marty has specific expertise regarding the application of competition law to online platforms and artificial intelligence (AI) services. He advises leading providers of social media, messaging, e-commerce and other online platform services regarding a range of complex antitrust and competition issues. He also advises companies operating in the generative AI segment directly, as well as companies in other industries utilizing AI and machine learning tools, as they navigate the rapidly evolving legal and technological landscape relating to generative AI.
- Represented a global technology company in a Federal Trade Commission enforcement action seeking to unwind prior acquisitions and enjoin business practices regarding operation of online platforms.
- Advised a major generative AI developer regarding competition issues relating to deployment of foundation models, open-sourcing initiatives and collaborations with third-party partners.
- Represented leading providers of social media and messaging services in Department of Justice and foreign competition authority inquiries relating to restrictions imposed by major OS operators.
- Advised global online platforms regarding competition issues associated with new product and feature launches, revenue growth initiatives and collaborations with third-party partners.
- Defended a multinational telecommunications company in a Department of Justice merger review and subsequent litigation successfully defeating its challenge to the US$85 billion acquisition of a media and entertainment conglomerate.
- Represented a global aerospace and defense contractor in securing Department of Justice clearance of a US$52 billion merger and a US$23 billion acquisition presenting both horizontal and vertical competition issues.
- Advised a wearable technology startup in a Department of Justice inquiry regarding self-preferencing and interoperability issues involving a major OS provider.
- Defended a major satellite cable provider in a Department of Justice investigation regarding alleged improper information sharing among rival video distributors.
- Represented a multinational telecommunications company in a Department of Justice Business Review Letter proceeding regarding trade association standard setting activities relating to new smartphone technology.
- Defended a leading freight transportation provider in multidistrict litigation involving over 200 corporate plaintiffs alleging conspiracy to fix fuel surcharge prices.
- Served on the trial team defending a major health insurance provider in a Department of Justice challenge to the proposed US$37 billion merger with a rival insurer.
- Defended a multinational chemical company in a federal grand jury investigation regarding alleged price-fixing and bid-rigging.
- Advised a vertically integrated global specialty metals company regarding an antitrust pricing dispute with a competitor.
- Defended an IoT services provider as lead trial counsel, successfully defeating claims by former shareholders of an acquired target alleging breach of asset purchase agreement.
Education
- Boston College Law School, J.D., cum laude, 2010
- Loyola University Chicago, B.A., magna cum laude, 2005
Admissions
- District of Columbia, 2017
- Massachusetts, 2010
- Co-author, "Artificial Intelligence and Antitrust Issues: An EU/UK Competition Law Practitioner's Perspective," Competition Policy International, July 2024.
- Co-author, Artificial Intelligence (AI) and Competition Law: Balancing Innovation and Regulation," Lexology, June 13, 2024.
- Co-author, “Artificial intelligence and antitrust issues: a competition law practitioner’s perspective,” Solicitors Journal, June 2024.
- Co-author, “Artificial Intelligence and the Issue of Antitrust,” InterMedia, June 2024, Vol 52 Issue 2.
- Co-author, "The Latest Antitrust Areas for In-House Counsel to Watch," Law360, Feb. 13, 2024.
- Co-author, "Algorithm Audits," Lexology, Dec. 4, 2023.
- Co-author, “Apple Inc. v. Pepper: Online App Stores Are Retailers, Whether or Not They Are Platforms,” The Antitrust Source, August 2019.