Articles
Articles by Mr. Markham on Antitrust Law
AN OVERVIEW OF ANTITRUST LAW (By William Markham, ©2000)
“Antitrust law is the law of competition and is perhaps the least understood law of all. This article provides an overview and explanation of the essential principles of antitrust law….”
AN OVERVIEW OF CALIFORNIA’S CARTWRIGHT ACT (By William Markham, © 2024)
“California’s principal antitrust law, the Cartwright Act (the “Act”), is codified at sections 16700–16770 of California’s Business & Professions Code. Broadly stated, the Act prohibits contracts, combinations, and conspiracies that unlawfully restrain trade in California….”
ANTITRUST EXEMPTIONS AND IMMUNITIES (By William Markham, ©2022)
“Over the years, Congress and the federal courts have established various immunities from federal antitrust law, removing from its reach specified commercial activities and even entire lines of commerce….”
UNLAWFUL PRICE DISCRIMINATION (By William Markham, © 2013)
“In this article I take up the obscure, problematic doctrine of illegal price discrimination, which was codified by the Robinson-Patman Act during the Great Depression, and which the modern, conservative Supreme Court has severely limited….”
HOW THE CONSUMER-WELFARE STANDARD TRANSFORMED CLASSICAL ANTITRUST LAW (By William Markham, ©2021)
“Since the late 1970s, antitrust law in the United States has been transformed out of recognition and rendered largely toothless by consumer-welfare jurisprudence….”
ANTITRUST AND FREE MARKETS (BY William Markham, © 2022)
“Some critics of antitrust law treat it as mere governmental overreach and an unwelcome infringement upon the ordinary operations of our free markets. (….) That criticism betrays a fundamental misunderstanding of the very term ‘free markets,’ which refers to markets that are free of any undue restraint, whether public or private….”
Articles by Mr. Markham on Trial Practice and Litigating Cases
MAKING SENSE OF THE RULES OF EVIDENCE AND PRESENTING YOUR EVIDENCE AT TRIAL (By William Markham, ©2011)
“I try in this article simply to set forth a list of simple rules to explain the key points of the law of evidence. I also offer several pointers on organizing evidence in order to present it competently at trial.”
ANATOMY OF A LAWSUIT (By William Markham, ©2007)
“This article is written for non-lawyers, young litigators, and non-litigator attorneys who wish to understand how a lawsuit works in practice from start to finish.”
AN OVERVIEW OF CONTRACT LAW (By William Markham, ©2002)
“Contract law lies at the heart of our system of laws and serves as the foundation of our entire society…. Our society depends upon free exchange in the marketplace at every level. Contract law makes this possible.”
Articles by Mr. Markham on Other Legal Issues
Foreclosure Law in California and Related Matters
An Overview of Partnerships and Limited Liability Companies
An Overview of Contract Law
Experience and Leadership in
Antitrust Issues & Litigation
Mr. Markham’s Blog
Welcome Antitrust Reform Now Pending in Congress, By William Markham, © 2021
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 support
The Qualcomm Case Isn’t Even a Close Call: Qualcomm Blatantly Misused Its Standard-Essential Patents in Violation of Antitrust Law (By William Markham, © 2020)
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
The DOJ’s Investigation of the Auto Producers’ Draft Agreement with California: It Is Misguided and Likely an Abuse of Power. (By William Markham, © 2019)
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