Antitrust Litigation and Counsel
The firm handles antitrust matters for both plaintiffs and defendants. We have successfully prosecuted and defended civil claims made under the Sherman Act, the Clayton Act, and the California Cartwright Act. In addition, we have successfully represented "targets" and "subjects" of criminal investigations in cases that have concerned alleged price-fixing, horizontal market allocation, and other alleged criminal violations of the Sherman Act.
William A. Markham, who leads our antitrust practice, has extensively litigated a wide range of complex antitrust cases in federal court in California, having acquired substantial experience as an antitrust litigator of major antitrust cases at a prominent international law firm (Coudert Brothers). He also has substantial experience handling antitrust appeals.
The antitrust laws are supposed to apply to virtually all "lines of commerce" in the United States, and Mr. Markham has specific experience litigating antitrust disputes or providing antitrust counsel in the following industries: Telecommunications services and infrastructure, public utilities infrastructure, computer hardware and software, marine/port infrastructure, petrochemical products, retail clothing and accessories (re-sale price maintenance matters), automobile franchises, and other industries. He has closely analyzed a wide range of complicated antitrust doctrines, including restraints of trade, monopolization, private standard-setting matters, re-sale price maintenance, exclusive supplier arrangements, horizontal and vertical restraints of various kinds, price-fixing, bid-rigging, tie-in arrangements, incipient threats to competition, misuse of intellectual property rights, abuse of monopoly power, antitrust immunity under state or federal law, and the conflict between US antitrust law and the First Amendment right to petition the government for redress (the Noerr-Pennington Doctrine).
Moreover, he closely follows emerging trends in antitrust law as well as competition policy in the European Union, Canada, and Mexico
In addition, Mr. Markham has written two articles on antitrust law that have become reference sources for other attorneys and the public at large:
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