Mark J. Fanelli

In the last three years, Mark has handled large civil and criminal antitrust matters in federal court and international arbitration from the initial pleading stages through trial and appeals on behalf of leading stakeholders in the pharmaceutical, life sciences, automotive and mobility, and emerging technology industry sectors. He also has experience with handling antitrust government investigations, internal investigations, and compliance counseling and training.

In addition, Mark has counseled an original equipment manufacturer on implementing risk mitigation strategies in North America to combat the semiconductor shortage that affected its automobile assembly and manufacturing. Moreover, Mark has worked directly with the offices of general counsel, executive leadership, and engineering divisions of cutting-edge automotive and mobility companies to develop launch strategies for new autonomous vehicle platforms in the United States, including autonomous delivery services and self-driving vehicles for passenger transportation. During these representations, Mark has successfully built relationships across clients’ internal divisions as well as with regulators at the local, state, and federal levels to ensure both short and long-term success of the introduction of new technologies in various geographic markets.

Further, Mark has written on antitrust issues that may arise surrounding the use of exclusive supply agreements among firms in manufacturing supply chains, as well as state franchise laws that curtail the direct sale of electric vehicles to consumers and its impact on the local economies. Mark has also spoken regularly on the state and federal regulatory climate facing the autonomous and electric vehicle sectors.  Recently, he was interviewed by Thomson Reuters on how micromobility solutions are changing the way that people travel in US cities and how local and state governments can embrace these clean energy solutions to reduce traffic congestion, carbon emissions, and address the issue of transportation dead zones.

As an adjunct professor at Saint Joseph’s University, Mark teaches courses on the US legal environment facing corporations to undergraduates in the Erivan K. Haub School of Business. He also serves as an advisory board member to the Dean of the Haub School of Business and the Director of Athletics at Saint Joseph’s. Moreover, Mark serves as a mentor to first-generation students who are pursuing careers in the legal profession.

Finally, Mark has focused his pro bono practice on advising grassroots, Philadelphia-based groups that are seeking federal tax exempt status under IRC § 501(c)(3). He also has partnered with the Pennsylvania Innocence Project to assist the organization in its mission to exonerate those who were convicted of crimes they did not commit and prevent the convictions of innocent people.

Competitor/Single-Plaintiff Antitrust Successes

• Cable Line v. Comcast (M.D. Pa./Third Circuit) – Obtained an affirmance of a dismissal on a Rule 12 motion of allegations of conspiracy to restrain trade in alleged cable installation market before the Third Circuit.

Current Representative Antitrust Cases

• Defending a branded pharmaceutical manufacturer against class action antitrust claims arising out of an alleged improper listing of certain patents for the diabetes drug, Actos, in the Orange Book.
• Defending a generic pharmaceutical supplier in multidistrict price-fixing cases.
• Defending a leading vaccine manufacturer against putative class action alleging Sherman Act Section 2 violations and related state law claims.
• Counseling domestic and international clients in numerous industries regarding distribution and pricing practices, antitrust compliance programs, potential mergers, joint ventures and other competitor collaborations and collective negotiations, including as impacted by recent guidance issued by domestic and international regulators.

Automotive & Mobility Counseling

• Counseling an original equipment manufacturer to ensure quarterly compliance with an FTC consent decree related to its new vehicle owners’ manuals.
• Counseling an original equipment manufacturer on the development and regulatory compliance of its vehicle-to-grid (V2G) technology for current and future electric vehicle models in the US market.
• Counseling an multinational autonomous vehicle technology firm on the establishment of its US subsidiary, development of autonomous vehicle safety protocols, and the launch of several autonomous platforms in the US consumer market.