SUCCESSFUL SETTLEMENT OF STANDARD-SETTING DISPUTE
Antitrust Dispute and Confidential Settlement: Resolution of Standards-Setting Matter
On behalf of our client, a major manufacturer, we collaborated with a national trade association to persuade a prominent standard-setting agency, the American Society for Testing and Materials, to revise two of its private standards for certain kinds of construction materials: the revised standards allow the inclusion of an entire category of products made by our client.
This matter was privately resolved by the parties before any litigation was initiated.
We alleged that certain “interested” members of the standard-setting agency had abused its procedures to prevail on it to adopt industry-wide standards that excluded an entire category of products made by our client and others.
According to our challenge, the colluding members of the standard-setting agency sought to undermine competition and restraint trade by excluding an entire category of infrastructure products (concrete culverts) from use in underground infrastructure projects.
Our antitrust challenge was that the colluding members and the standard-setting agency had restrained trade in violation of Section 1 of the Sherman Act, and that the standards-setting agency itself bore responsibility itself because it had failed to enforce its own procedures properly.
In this matter, we interacted with a national trade association that supported our client’s position after we took the lead to assert it. The result constituted an unqualified success for our client and all other similarly situated manufacturers.
MR. MARKHAM’S ARTICLES 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.”
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.”
HOW THE CONSUMER-WELFARE STANDARD TRANSFORMED CLASSICAL ANTITRUST LAW (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….,”
READ MR. MARKHAM’S ARTICLES ON TRIAL PROCEDURE AND CONTRACT LAW
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.”
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