by William Markham | Jun 28, 2018 | Antitrust Litigation and Counseling
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...
by William Markham | Jun 18, 2018 | Antitrust Litigation and Counseling
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,...
by William Markham | Nov 10, 2017 | Antitrust Litigation and Counseling
On conventional antitrust grounds, which have not been argued in a generation but remain sound law and the controlling law, the Department of Justice should block the proposed merger of AT&T and Time-Warner. AT&T is a dominant distributor of media content,...
by William Markham | Nov 2, 2017 | Antitrust Litigation and Counseling
A media columnist for the NY Times has suggested in a recent column that it is better that the essential technology platforms are operated by only five large companies — Google (Alphabet), Facebook, Amazon, Microsoft, and Apple. (See NY Times, Nov. 1, 2017,...
by William Markham | Jun 27, 2017 | Antitrust Litigation and Counseling
Amazon has announced that it plans to acquire all of the stock of Whole Foods Market, the nation’s largest retailer of high end, organic groceries. Amazon already sells groceries at retail, filling online orders and making home deliveries, and it likely seeks to...