Fundamentals of Antitrust Litigation

Congress passed the first antitrust law, the Sherman Act, in 1890 as a "comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade." In 1914, Congress then passed two additional antitrust laws ? the Federal Trade Commission Act and the Clayton Act. With some revisions, these are the three core federal antitrust laws that are still in effect today.

William Markham analyzes antitrust case law that has arisen under these statutes and presents real world scenarios to illustrate the basics of the law of competition in the United States. The main subjects discussed include the mechanics of the antitrust statutes, interpreting federal & state competition laws and per se monopoly offenses. Mr. Markham also discusses the elements of the statutes, unreasonable restraints of trade, monopolies, penalties, damages, attorneys? fees, per se offenses, the DOJ?s role in prosecution, price fixing, bid rigging, group boycotts, the rule of reason, business practices and relevant markets.

Case law discussed includes:
Eastern Industries, Inc. v. Joseph Ciccone & Sons, Inc., 532 F.Supp. 726 (E.D.Pa.1982)
Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 (1984)
United States v. Grinnell Corp., 384 U.S. 563 (1966)
United States v. Du Pont & CO., 351 U.S. 377 (1956)
Eastman Kodak Co. v. Image Technical Services, et al., 504 U.S. 451 (1992)

Mr. Markham litigates antitrust cases for both plaintiffs and defendants in federal cases arising under the Sherman Act and the Clayton Act as well as in California cases arising under the Cartwright Act. In particular, he has litigated the following kinds of antitrust claims: Price-fixing, bid-rigging, horizontal market allocation, tying agreements, unreasonable restraints of trade, monopolization claims, and various related matters. Mr. Markham has substantial experience litigating major antitrust cases and has handled antitrust matters that have arisen in the following industries: Telecommunications and telecommunications infrastructure, petrochemicals and petroleum refining, computer hardware, computer software development and maintenance, marine/harbor infrastructures, and various other lines of commerce. He has also handled criminal cases for "subjects", "targets", and putative defendants in ongoing antitrust investigations, and he has handled amnesty matters that arise under the Department of Justice's guidelines for antitrust amnesty.

Practice Areas: Business Law

State Accreditations: California (CA)