Antitrust Litigation and Counseling

Our Antitrust WorkAntitrust law is our principal area of expertise. The leaders of our antitrust practice are William Markham and Jarod Bona, who both received their law degrees from Harvard Law School and their formative training as antitrust attorneys in leading global firms. We litigate antitrust claims and conduct antitrust appeals under the laws of the United States and California for both plaintiffs and defendants in civil and criminal antitrust proceedings. We also provide strategic and ongoing antitrust counseling to world-leading businesses, their challengers, other substantial companies, small businesses, and other market participants.

We principally represent and advise competitors, commercial customers and suppliers in matters that concern federal and California antitrust law, and on occasion we represent wronged consumers in significant matters. We have extensive experience litigating competitor lawsuits that arise under federal antitrust law, and more generally we have extensive experience litigating and giving advice about matters that implicate Section 1 of the Sherman Act (unlawful trade restraints), Section 2 of the Sherman Act (the monopolization offenses), Section 3 of the Clayton Act (exclusive-dealing and tying arrangements), the Robinson-Patman Act (price discrimination), California’s Cartwright Act (unlawful trade restraints that affect California commerce), and California’s Trade Practices Act (price discrimination that affects California commerce).

For a listing of the specific kinds of antitrust matters that we have handled, click here. For a listing of the different industries in which we have advised and represented clients on antitrust matters, click here. For a partial list of some of our notable successes, click here. We perform this work at the highest level of proficiency, have received public recognition, are widely regarded as experts on antitrust matters, and have obtained superb outcomes for our clients, helping them to avoid antitrust liability and obtain appropriate redress for anticompetitive abuses.

Our Recent Antitrust Cases and Matters. In recent years, Mr. Markham has served as lead attorney for the following companies in significant antitrust cases: (1) a national provider of medical-travelers (Aya Healthcare, Inc. and Aya Healthcare Services, Inc., lead attorney); (2) a consortium of private-equity lenders (lead attorney); (3) a publicly-held retailer of hardware supplies that operated ninety stores (Orchard Supply Hardware LLC, lead attorney); (4) the largest privately-owned manufacturer of precast concrete products in North America (Jensen Precast, Inc., lead attorney); (5) a national polypropylene manufacturer (lead attorney in criminal investigation); (6) a distributor of medical devices (SMRT LLC, lead attorney); and (6) the world’s leading manufacturer of pulse oximetry products (Masimo Corporation, serving as antitrust adviser to its patent attorneys in bet-the-company patent and antitrust litigations).

In recent years, Mr. Markham has also provided antitrust counseling to various global corporations and other major companies, including the following: the world’s largest manufacturer of LED products (Nichia Corporation; strategic counseling in various matters as well as master contract negotiations with its largest customer); a global automobile manufacturer (Isuzu Motors, Ltd.; counseling about multinational acquisitions and divestitures); a leading manufacturer of pulse oximetry products in the United States (Masimo Corporation, antitrust adviser in strategic matters); and various other companies.

On behalf of wronged consumers, Mr. Markham also pioneered the pending per se challenge to certain business practices employed by the world’s largest retailer of replaceable contact lenses (1-800 Contacts, Inc.), discerning that by its bidding agreements with smaller rivals it had not only rigged bidding for online ads, but also allocated Internet sales leads and advertising opportunities with its direct rivals. This challenge is being litigated at present on behalf of consumers in a series of consolidated class-actions in which Mr. Markham is collaborating with several of the nation’s leading antitrust firms, including Boies Schiller Flexner LLP.

Our Extensive Trial Experience. Most antitrust cases settle before trial, and therefore many antitrust attorneys understandably lack experience trying their cases in court. Our attorneys, however, have substantial experience trying cases to juries and trial judges in a broad array of cases. We think that this experience makes a significant difference in our ability to litigate antitrust claims: we will not hesitate to try a worthy case to a jury, and our adversaries can usually grasp this point from the manner in which we perform our work.

Our Ability to Accept Large Cases. Several times we have been opposed by teams of highly capable attorneys fielded by leading global law firms. In any such matter, or whenever the need arises, we can quickly assemble our own team of first-rate professionals who have worked with us successfully on prior occasion, and we can also procure essential litigation services from reliable outside service-providers, so that we are never outmatched or overwhelmed even by the largest or most pro-active global firm. We think that our work in these matters has reflected favorably on us, and we have obtained successful results for our clients in exceedingly difficult, sprawling, and complex antitrust controversies. All the while, we are able to maintain our reasonable billing arrangements because of the manner in which our practice is structured and our lean fixed costs (we do not maintain a standing army of associate attorneys).

Our Public Appearances in National Media. Mr. Markham has appeared on repeated occasion in various national and regional media to discuss newsworthy antitrust matters. Most recently, he was invited to appear twice on Bloomberg TV. On one show, he analyzed a major antitrust trial that was tried to a jury, speaking after Mr. Tim Higgins. On the next show, which appears in the below video, he discussed why the defendant won the case, again speaking after Mr. Higgins.

Our Articles on Antitrust Law. Mr. Markham and Mr. Bona have given lectures on antitrust law for other attorneys (MCLE classes) and written extensively about antitrust law. Mr. Markham provides occasional commentary in his blog about antitrust issues that make the news, and Mr. Bona does this same in his own blog. Below you will find links to three articles on antitrust law written by Mr. Markham that have become reference sources for other attorneys and the general public: