ANTITRUST SETTLEMENT: CALIFORNIA CLAIMS
Antitrust Settlement of California Antitrust Claims
We obtained a highly favorable, confidential settlement for a reseller of medical devices that challenged certain distribution restrictions under California’s Cartwright Act § 16700 et seq.
In this case, a California Superior Court permitted us to challenge resale price maintenance as a per se violation of the Cartwright Act. It otherwise permitted us to challenge distribution restraints imposed by the dominant manufacturers of the at-issue medical devices.
The manufacturers stopped selling the devices to the reseller because it had tried to make sales in violation of their restrictive distribution policies. By the settlement, they resumed making sales to the reseller, made exceptions to their challenged policies, and paid a substantial settlement.
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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