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PlacesSan Diego, CaliforniaThe Law Offices of William Markham, P.C.
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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...
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...
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.
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...
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...
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.
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.
What is price-fixing; short summary of the antitrust doctrines on horizontal and vertical price-fixing
Are the antitrust laws implicated by Amazon's new strategy of depriving sellers of access to its platform unless they offer it market-beating prices...
I have waded into these troubled waters after reading disheartening accounts of Amazon’s shoddy treatment of book publisher...
In this note I consider the merits of pursing Amazon for attempted monopolization and monopolization in violation of Section 2 of the Sherman Act...
Is it unlawful monopolization when a firm employs openly predatory or anti-competitive tactics in order to acquire or preserve a monopoly position...?
After predictably losing at trial in the e-book case, Apple has brought an appeal that apparently received a grave, serious hearing of its seemingly frivolous, non sequitur challenges, which were rightly rejected with little ceremony by Judge Coates during the original trial. On the merits, Apple sh...
I am strongly opposed to this proposed merger and think that the Department of Justice will likely act to enjoin it. The court case should be thrilling business drama, and I hope that this time the good guys win. (I am sure that the executives at Comcast and Time-Warner are not bad guys, but their …
Here are some key facts to support my analysis of the merger of Comcast and Time-Warner: If the merger were permitted to proceed (even with the promised divestitures), the combined company would have more than 30% of all television subscribers and 33% of all internet broadband subscribers nationwide...