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On conventional antitrust grounds, the Department of Justice should block the proposed merger of AT&T, which is a dominant distributor of media content, and Time-Warner, which is a dominant producer of media content. The few remaining competitors of a merged AT&T/Time Warner would likely find themse...
markhamlawfirm.com
Amazon has announced that it plans to acquire all of the stock of Whole Foods Market, the nation’s largest retailer of high end, organic groceries. Amazon already sells groceries at retail, filling online orders and making home deliveries, and it likely seeks to use Whole Foods’ brand, supply networ...
markhamlawfirm.com
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The Law Offices of William Markham, P.C. updated their profile picture.
June 29
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It is now clear that the publishers and Apple intend to defend themselves by arguing that they did nothing wrongful at all, but on the contrary each publisher independently entered into an agreement with Apple without advance knowledge that the other major publishers were simultaneously entering int...
markhamlawfirm.com
Defining the relevant market is a necessary predicate task in most antitrust cases. Challenged conduct cannot be said to restrain trade within a market, or to monopolize a market, until the market is defined. Arguably, the most important work of an antitrust practitioner is to identify and defend pr...
markhamlawfirm.com
Remember, the phrase "lack of foundation" means only that you have asked a question of the witness before establishing a fact that must be established before his answer becomes admissible evidence. It is a fatal objection only if the foundation can never be laid.
markhamlawfirm.com
3M, the company that makes post-its, yesterday abandoned its proposed merger with Avery, which is a large company that makes a variety of office supplies (this post was made on October 4, 2012). 3M did so after the United States Department of Justice objected to the merger and indicated that it woul...
markhamlawfirm.com
It often happens that two parties to a contract will later disagree over the meaning of a particular term or phrase set forth in the contract, and that the term or phrase in question really can be construed to have more than one simple application. Where this occurs, it is not necessarily true that...
markhamlawfirm.com
The best predictors of the long-term value of a parcel of real property are the following two ratios: (1) the price-to-rents ratio; and (2) the price-to-income ratio.
markhamlawfirm.com
The best indicator of a company's value is its price-to-earnings ratio: At what price could you purchase the company? This price is the current valuation of the company.
markhamlawfirm.com
What is price-fixing; short summary of the antitrust doctrines on horizontal and vertical price-fixing
markhamlawfirm.com