Mary E. Bartkus served as Executive Director and Senior Counsel, International Litigation for Merck & Co., Inc. She has represented Merck in matters before government agencies, courts and other tribunals throughout the world in product liability, antitrust, and other complex matters including class, representative, group and cross-border litigation. Before joining Merck in 1995, Mary was in private practice. During that time, she was a member of the Editorial Board of the New Jersey Law Journal and authored “Injunctions”, Chapter 5 in “New Jersey Federal Civil Procedure,” a book published annually by American Lawyer Media.
Professional Activities and Recognitions
AV Preeminent® Peer Review Rating, Martindale Hubbell®
Master, John C. Lifland American Inn of Court
Member, International Bar Association
Member, International Association of Defense Counsel
Member, American Bar Association
Member, The Association of the Federal Bar of New Jersey
Bartkus, Mary E., Six Class Actions for 16 Microliters: Eye Drop Litigation Reopens in New Jersey, Is Dismissed in Massachusetts, and Is on Appeal to the First Circuit. Hedging and Forum Shopping. A Media Rush to Judgment. (February 13, 2018). Available at SSRN: https://ssrn.com/abstract=3123...
Injunctions, in “New Jersey Federal Civil Procedure,” and annual supplements, New Jersey Law Journal Books, 1999 – 2014
Competition Policy in the Pharmaceutical Sector, Article 82 EC: Can It Be Applied To Control Sales by Pharmaceutical Manufacturers to Wholesalers?, with Lawyers Working Group, European Federation of Pharmaceutical Industries and Associations, November 2004
Lectures, Seminars and Workshops
Empirical Evidence on Collective Redress in Europe, Conference hosted by the Centre for Socio-Legal Studies, University of Oxford and the Katholic University of Leuven, Conference Delegate, University of Oxford, December 2016
Rethinking States, Nations & Constitutions in the 21st Century, Centre for Socio-Legal Studies, University of Oxford, Seminar Participant, Oxford, July 2015
The Nation State and the International Order: Constitutions, Revolutions, Security and Global Sources of Law, Centre for Socio-Legal Studies, University of Oxford, Seminar Participant, Oxford, July 2013
Globalization of Class Actions with Products at the Forefront, International Association of Defense Counsel Mid-Year Meeting, Program Speaker, February 2012
International Conference on Litigation Costs and Funding, Centre for Socio-Legal Studies & Institute of European and Comparative Law, University of Oxford, Conference Delegate, Oxford, July 2009
Competition Policy in the Pharmaceutical Sector, Article 82 EC: Can It Be Applied To Control Sales by Pharmaceutical Manufacturers to Wholesalers?, Product Market Definition, Conférence Bleue, European Lawyers’ Conference on Pharmaceutical and Health Care Affairs, Presenter for EFPIA Lawyers’ Group, Brussels, October 2004
Antitrust and Intellectual Property – Duties to License, Parallel Imports, and the Question of Differential Treatment for Developing Countries, International Competition Policy Conference, New York University Law School and Columbia University School of International and Public Affairs, Workshop Participant, New York, October 2004
OECD Global Forum on Competition, Business and Industry Advisory Committee (BIAC) member of delegation, Paris, February 2002
OECD Competition Committee Policy Roundtable on Competition in the Pharmaceutical Industry, Business and Industry Advisory Committee (BIAC) member of delegation, Paris, June 2000
United States Supreme Court
United States Court of Appeals for the Third Circuit
United States District Court for the District of New Jersey
Defense of complex litigation including pharmaceutical product liability cross-border class, group, and other multi-party litigation in many jurisdictions across countries on six continents.
Resolution of class, group, and other multi-party product liability litigation and claims in countries on four continents.
Lead counsel on pharmaceutical in-licensing transactions and on joint venture and licensing relationships; lead in-house counsel on an international multi-jurisdictional joint venture transaction and on the defense and implementation of a pharmaceutical inventory management system in the European Union.
Rutgers University School of Law, J.D., 1980, Adjutant (Student) Law Clerk to United States District Judge H. Curtis Meanor, United States District Court for the District of New Jersey, Spring and Summer 1979
Kean College of New Jersey , B.A., 1977, Magna cum laude