Over his career, Mark Horoschak practiced antitrust law in a variety of capacities – as in-house counsel for what was then the largest American corporation, as a government enforcer, and in private practice.
Mark cut his teeth in administrative litigation brought by the Federal Trade Commission (FTC) challenging General Motors’ distribution of automotive body parts only to franchisees. He was actively involved in all facets of that litigation, which was ultimately resolved in favor of General Motors.
A few years later, Mark accepted a staff position at the FTC. Mark eventually served as an attorney-advisor for the then chairman of the FTC, and as the chairman’s chief of staff in the transition between administrations. Mark thereafter returned to a litigation role as assistant director of the FTC’s Bureau of Competition. In that capacity, he served as trial counsel in two lawsuits that successfully challenged hospital mergers. The first of these victories marked a significant milestone in antitrust jurisprudence: The court issued a definitive ruling that the FTC had jurisdiction under the Clayton Act to challenge anticompetitive mergers involving nonprofit entities.
Upon his departure from the FTC in 1995, Mark served as antitrust counsel for national hospital systems and large physician organizations in transactional as well as litigation matters. He compiled an impressive track record of securing clearance for mergers and acquisitions from the FTC, the U.S. Department of Justice, and state attorneys general. By virtue of his client relationships, Mark also was at the forefront of innovation in healthcare markets. One of his proudest accomplishments was working with forward-thinking clients to develop a variety of joint venture models that enhanced efficiency and expanded access to healthcare in conformity with the antitrust laws.
With respect to litigation, Mark successfully defended exclusive business arrangements and restrictive contracting practices that were shown to pose little or no threat to competition. As a capstone to his career, Mark was principally responsible for developing a strategy based on exemptions from federal and state antitrust laws that led to the dismissal of class actions seeking hundreds of millions of dollars from a municipal hospital system.
Mark received many accolades along the way. During his tenure at the FTC, Mark received multiple awards for leadership in advancing the goals of the agency. In the course of his career in private practice, Mark was perennially recognized by The Best Lawyers in America® and North Carolina Super Lawyers. Business North Carolina, moreover, inducted Mark into its “Legal Elite Hall of Fame.” The prestigious Chambers USA consistently ranked him in Band 1 as a leading lawyer for Antitrust and Healthcare Law.