EXPERIENCE AND LEADERSHIP IN ANTITRUST ISSUES & LITIGATION
If you are dealing with an antitrust issue, you can trust us to make the playing field an equal one.
Languages Spoken
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Experienced, Highly Qualified Trial
and Appellate Attorneys
We are a law firm of highly regarded trial and appellate attorneys located in San Diego, California. Our attorneys are graduates of the nation’s leading law schools (Harvard Law School and the University of Chicago Law School) and alumni of leading global law firms. One of us held a federal clerkship and served as a prosecutor in the United States Attorney’s Office.
We conduct trials and appeals as well as provide strategic and ongoing advice only in our core areas of expertise, and we accept only a few matters at a time to ensure that we can devote sufficient, undivided attention to each engagement that we accept.
A Misplaced, Recurring Critique. Some critics of antitrust law treat it as mere governmental overreach and an unwelcome infringement upon the ordinary operations of our free markets. Their refrain, it seems, is that each company should be left to do as it pleases in...
Senator Klobuchar’s Bill Really Might Become Law. Senator Amy Klobuchar (D-Minn.) has proposed a landmark antitrust bill, entitled the “Competition and Antitrust Law Enforcement Reform Act,” which after negotiation and modification might well receive bipartisan...
The Extraordinary Qualcomm Case. The defining antitrust issues of our time are at stake in the landmark case of Fed Trade Comm'n v. Qualcomm Inc., (N.D. Cal. 2017, Case No. 17-CV-00220-LH) ("Qualcomm"). Qualcomm specifically concerns standard-essential patents and...
The United States Department of Justice has reportedly begun an antitrust investigation of four major automakers for possible unlawful collusion in violation of United States antitrust law. The cause of this investigation? The automakers tentatively agreed with the...
I respectfully and strongly disagree with the Supreme Court's recent decision in the Amex case, in which the Supreme Court ruled, by a narrow 5-4 majority, that the government plaintiffs had failed to establish a prima facie case against American Express Company...
David Leonhardt of The New York Times has written a superb, groundbreaking article on the evolution of commerce in the United States (“The Charts That Show How Big Business Is Winning,” The New York Times, June 17, 2018). Relying on an original statistical analysis,...
Our Antitrust Experience
The antitrust laws are supposed to apply to virtually all businesses and lines of commerce in the United States, with a few notable exemptions, such as “the business of baseball,” the insurance industry, and union activity, but there are “exceptions to the exemptions,” and the baseball exemption might soon be ended.
We have specific experience litigating antitrust disputes and providing antitrust counsel in the following industries:
Medical devices
Pharmaceuticals
Hospitals and healthcare services
Healthcare staffing
Computer hardware and software
E-commerce, online platforms, and information technology
Telecommunications services
LED products
Retail sales
Wholesale distribution
Property development
Foreclosure auctions
Infrastructure projects
Utilities installations
Logistics and supply chains
Petrochemical products
Automobile dealerships
Automobile manufacturing
Automobile parts
Successful Antitrust Matters
Antitrust Litigation and Publicly Disclosed Settlement: Recovery of $40 Million
In 2016, Mr. Markham developed an antitrust challenge against 1-800 Contacts, which is the leading online retailer of contact lenses in the United States. Mr. Markham raised this challenge on behalf of online purchasers of contact lenses…
Antitrust Counsel to World’s Largest Manufacturer of LED Products.
Mr. Markham provided antitrust counsel to the world’s largest manufacturer of LED products during its contract negotiations with a world-famous, major producer of electronic devices. Mr. Markham acted as the lead …
Antitrust Litigation and Settlement: Challenged Group Boycott and Related Restraints of Trade.
Mr. Markham obtained a highly favorable settlement for a major, publicly-traded retailer that alleged that its rival had coordinated a group boycott and employed false advertising …
Antitrust Litigation and Settlement: Challenged Group Boycott.
Mr. Markham obtained a highly favorable settlement for a reseller of business equipment who challenged certain distribution restrictions imposed by the predominant manufacturers of these devices. The case was as follows …
Antitrust Defense In Criminal Investigation and Related Civil Matter.
Mr. Markham successfully defended a manufacturer of polypropylene products against potential claims of price-fixing and horizontal market allocation brought under Section 1 of the Sherman Act. This supplier was initially …
Reversal on Appeal of Dismissal of Antitrust Case.
Mr. Markham was engaged to appeal a federal district court’s dismissal of an antitrust case brought by another attorney. He succeeded in the effort, convincing the Ninth Circuit Court…
In a confidential settlement agreement, Mr. Markham recovered approximately $10.4 million for a trust whose trustees had made complex, improper transfers of …
Settlement in Cutting-Edge Eminent
Domain Litigation
In a complex, novel eminent domain proceeding, which received first-page coverage in The New York Times, Mr. Markham represented the owner of commercial property …
In a complex eminent domain proceeding, Mr. Markham represented a large polypropylene factory located in Alameda County. The Oakland Unified School District condemned…
Settlement of an Insurer’s Bad-Faith
Denial of Insurance Obligations
On behalf of an insured – a prominent sales executive of a Fortune 500 company – Mr. Markham brought suit in federal court against a disability insurer…
Experienced, highly qualified trial and appellate attorneys
We are a law firm of highly regarded trial and appellate attorneys located in San Diego, California. Our attorneys are graduates of the nation’s leading law schools (Harvard Law School and the University of Chicago Law School) and alumni of leading global law firms. One of us held a federal clerkship and served as a prosecutor in the United States Attorney’s Office.
We conduct trials and appeals as well as provide strategic and ongoing advice only in our core areas of expertise, and we accept only a few matters at a time to ensure that we can devote sufficient, undivided attention to each engagement that we accept.