Prof Mark McCareins
Mark McCareins

Senior Lecturer of Business Law

Print Overview
Mark McCareins is a litigation partner in Winston & Strawn’s Chicago office. Mr. McCareins’ trial practice concentrates on antitrust, trade regulation, intellectual property, and unfair competition.

Mr. McCareins has handled commercial litigation in nearly 40 federal district and appellate courts. He has been counsel of record in such landmark decisions as Spray-Rite Service Co. v. Monsanto Corp. (U.S. S. Ct.); N.V. Philips v. Windmere Corp. (Fed. Cir.); Western Union v. Olympia Equipment Leasing Corp. (7th Cir.); and Baxter Healthcare v. Abbott Laboratories, (7th Cir.), and Abbott Laboratories v. Baxter (Fed. Cir.).

Mr. McCareins has represented the following clients in trade regulation and patent matters: Ameritech Corp., Tropicana Products, Inc., Abbott Laboratories, Monsanto Company, Hallmark Cards, Titan Wheel Co., Spiegel Co., The Marmon Group, Smurfit-Stone Container Co., Windmere Corp., Gannett Co., Hyatt Hotel Corp., Hinckley & Schmitt Co., Keebler Company, Western Union Corp., Luxottica Group (LensCrafters, Inc.), The Interlake Corp., Barr Laboratories, Dell Computer Co., Universal Outdoor, Marsulex Corp., Waste Management Corp., New Archery Products, Summation Legal Technologies, Integrated Machinery Systems, Inc. and Metals Service Center Institute.

Areas of Expertise
Antitrust Issues
Intellectual Property
Print Vita
JD, 1981, Washington University, St Louis
BA, 1978, Northwestern University

Print Research
McCareins, Mark and Peter Slawniak. 2011. Current State of Patent False Marking Litigation. Intellectual Property & Technology Law Journal. 23(5): 3-12.
McCareins, Mark. Mark McCareins has published more than 30 articles and books on antitrust isssues. Click the "READ" link at right for a list of books, published works and presentations..
McCareins, Mark. "New Developments in Federal Antitrust Litigation." American Bar Association Antitrust Section, Corporate Counsel Committee.
McCareins, Mark. "The Application of the Federal Rules and Daubert and its Progeny to Antitrust Litigation." Chicago Bar Association, Antitrust Committee.

Print Teaching
Teaching Interests
Business and antitrust law
Full-Time / Part-Time MBA
Business Law I (BLAW-435-0)

This course counts toward the following majors: Entrepreneurship and Innovation.

A study of the legal environment in which organizations operate. Topics include contracts, agency, negotiable instruments, partnerships and corporations.

Issues In Antitrust (BLAW-437-0)
Whether your professional interest is marketing, investment banking, mergers and acquisitions, or distribution channels, a solid exposure to federal and state antitrust laws should be a prerequisite to your academic training at Kellogg. For example, pricing decisions on consumer products cannot be made without a reference to the federal Robinson-Patman Act. Further, state statutes and section two of the federal Sherman Act often guide potentially below cost pricing decisions of products by manufacturers. In addition, termination of dealers, distributors and resellers will most undoubtedly involve consideration of Section 1 of the federal Sherman Act and various state trade regulation laws. The federal Lanham Act regulates issues of trade dress and false advertising. Non compliance with these laws raise many intellectual property issues. On the subject of intellectual property, patent infringement is one of the most highly litigated areas in the federal courts today. Undoubtedly in many of these cases, antitrust counterclaims (e.g., Section 2 of the federal Sherman Act), become more significant than the patent claims that commenced the trial. Finally, the federal Hart-Scott-Rodino Act and Section 7 of the federal Clayton Act guide all merger, acquisition and joint venture activity in the United States. One of the primary analytical questions in any such asset or stock deal is whether the transaction would be approved by the antitrust regulators.