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Mr. Markham’s Articles on the 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."

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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."

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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.”

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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....,"

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AN OVERVIEW OF CALIFORNIA’S CARTWRIGHT ACT (By William Markham, ©2004)

"California’s principal antitrust law, the Cartwright Act (the “Act”), is codified at sections 16700–16770 of California’s Business & Professions Code. "

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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. (….) ”

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WHY ANTITRUST LAWS MATTER (By William Markham, © 2006)

“The antitrust laws are supposed to promote and protect competition, or, if you will, competitive processes in distinct ‘lines of commerce’ or ‘relevant markets.’ This alone is their proper purpose.
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THE REACH OF ANTITRUST LAW (By William Markham, ©2016)

"Antitrust law is the law of competition. It must always be carefully considered by competitors that wish to collaborate as well as by any firm that arguably has substantial market power (...)"

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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."

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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."

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HOW TO LITIGATE A LAWSUIT (By William Markham, ©2006)

"The wiser litigators, humbled by experience and the wiser for it, will rightly tell you that there is no one successful approach to litigating a case, and that each litigator must cultivate his own style (...)"

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RESOLVING COMPLEX ACCOUNTING ISSUES (By William Markham, ©2006)

"Accountants are often the only professionals who have the analytical skills required in order to resolve these questions in a proper, thorough, efficient manner. Sometimes judges and lawyers simply lack the competence(...)"

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FORECLOSURE LAW IN CALIFORNIA AND RELATED MATTERS (By William Markham, ©2000-2017)

"Lenders often require that their loans be secured by real property. If the borrower defaults, the lender is entitled to sell the property to pay the borrower’s entire debt at once. "

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AN OVERVIEW OF PARTNERSHIPS AND LIMITED LIABILITY COMPANIES (By William Markham, ©2000)

"A partnership is merely a commercial endeavor, undertaken by two or more people, each of whom is entitled to a share of its profits and authority in the management of its affairs. "

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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."

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