Prof Mark McCareins
Mark McCareins

STRATEGY; BUSINESS LAW
Clinical Professor of Business Law
Co-Director, JDMBA Program

Print Overview

R. Mark McCareins is a Senior Lecturer of Business Law where he teaches courses on Antitrust and Business Law. While Mark has been instructing at Kellogg for nearly twenty-five years, he also practiced law as a  senior partner in the international law firm of Winston and Strawn LLP for thirty- four years.  At Winston, Mark was co-chair of the firm’s global competition practice and served in a number of management positions within the firm and the litigation department.  Mark’s trial practice concentrated on antitrust, intellectual property and unfair competition issues. He tried cases and supervised commercial litigation for clients in nearly forty federal district and appellate courts. These clients were diverse and ranged from pharmaceutical (Abbott Labs) to consumer products (Tropicana Beverages). Through 2014, Mark has been ranked as one of the leading antitrust and commercial litigation lawyers in Illinois, the United States and globally in such publications as SuperLawyers, Legal 500, Chambers Guide to Leading Lawyers and Best Lawyers in America. Mark is a member of both the Illinois and California bars. Mark currently serves as the General Counsel of North America’s premier metals trade association, the Metals Service Center Institute (www.msci.org).

In addition to his active trial practice, Mark has authored or edited approximately forty articles or books on antitrust, competition and intellectual property matters. He served in  many leadership positions in the antitrust section of the American Bar Association. He currently chairs the antitrust Section of the Illinois State Bar  Association.

Mark is also very active in community affairs serving currently as the President of the Board of Lawrence Hall Youth Services, a Chicago based child welfare agency, www.Lawrencehall.org.  He also sits on the Board of Catholic Charities, www.catholiccharities.org. Mark is also involved in a number of alumni groups at Washington University including sitting on the Chicago Regional Cabinet and the Law School's national alumni council. Mark has received distinguished alumnus awards from both his undergraduate alma mater Northwestern University as well as Washington University where he served as Editor in Chief of the law school’s Law Review. He also received the President’s Volunteer Service Award from the President’s Council on Service and Civic Participation in 2008.



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

 
Print Research
Articles
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..
Other
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.