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...
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...
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...
It often happens that two parties to a contract will later disagree over the meaning of a particular term or phrase set forth in the contract, and that the term or phrase in question really can be construed to have more than one simple application. Where this occurs,...
3M, the company that makes post-its, yesterday abandoned its proposed merger with Avery, which is a large company that makes a variety of office supplies (this post was made on October 4, 2012). 3M did so after the United States Department of Justice objected to the...
It is now clear that the publishers and Apple intend to defend themselves by arguing that they did nothing wrongful at all, but on the contrary each publisher independently entered into an agreement with Apple without advance knowledge that the other major publishers...
By William Markham (© 2010) An objection to “foundation” can mean that the examiner has asked the witness to provide information before establishing any of the following: Relevance. The examiner has asked the witness to provide information without first establishing...
Defining the relevant market is a necessary predicate task in most antitrust cases. Challenged conduct cannot be said to restrain trade within a market, or to monopolize a market, until the market is defined. Arguably, the most important work of an antitrust...
