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Antitrust and Free Markets (By William Markham, © 2022)

Antitrust and Free Markets (By William Markham, © 2022)

Antitrust law exists to protect free markets from undue restraints and illicit monopolization, whether imposed by a public body acting ultra vires or by private actors. This law is a corollary to our laws on patents and copyrights, which are best understood as narrow exceptions to the general rule that markets must remain free of public and private restraints.

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The Amex Decision (By William Markham)

The Amex Decision (By William Markham)

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...

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Antitrust in Our Modern Gilded Age (By William Markham)

Antitrust in Our Modern Gilded Age (By William Markham)

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,...

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The Pendulum Begins to Swing Back, by William Markham

The Pendulum Begins to Swing Back, by William Markham

The antitrust pendulum is swinging back in the right direction. This development, long in the making and now more and more in evidence, is the culmination of our long experiment with lax antitrust enforcement, or even thinly disguised hostility to antitrust...

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“Welcome Antitrust Reform Now Pending in Congress,” By William Markham, © 2021

The Worst Antitrust Decision Ever (By William Markham)

THE WORST ANTITRUST DECISION ON THE BOOKS (By William Markham, © 2015) I have read the briefs and my initial assessment has been confirmed: Judge Buchwald’s infamous decision in the Libor price-fixing cases must be overruled, or else antitrust no longer means...

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Price-Fixing (By William Markham, San Diego Attorney)

Price-Fixing (By William Markham, San Diego Attorney)

Price-fixing merely means that two companies that are genuinely independent of one another have acted in concert to fix, raise, lower or otherwise manipulate the going prices for products or services that they each provide. Price-fixing constitutes a serious, per se...

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Business Valuation 101 (By William Markham)

Business Valuation 101 (By William Markham)

The best indicator of a company’s value is its price-to-earnings ratio: At what price could you purchase the company? This price is the current valuation of the company. How does this price compare to the company’s present earnings, which are the company’s revenues...

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Real Estate Valuation 101 (By William Markham)

Real Estate Valuation 101 (By William Markham)

The best predictors of the long-term value of a parcel of real property are the following two ratios: (1) the price-to-rents ratio; and (2) the price-to-income ratio. The price-to-rents ratio is the direct comparison of (1) the price of the property; and (2) the...

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