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Jesse W. Markham Jr.

Adjunct Professor

Professor Jesse W. Markham Jr. is a leading antitrust practitioner who has guided the antitrust departments of Holme Roberts & Owen, Morrison & Foerster, and Orrick, Herrington & Sutcliffe. He has also served as an antitrust prosecutor in California and Massachusetts. He is a contributing author to Antitrust Dispute Resolution (2007) and California Antitrust Law (First, Second, and Third Editions, plus forthcoming), and the author of numerous articles in scholarly and bar publications. Prior to joining the faculty full time, he served as an adjunct professor since 1992 and lectured at both the Haas Business School and Boalt Hall School of Law at UC Berkeley. Markham also practiced corporate law in Paris, France, with the firm now known as Clifford Chance.

Education
  • BA, Harvard University
  • MA, University of Massachusetts
  • JD, Vanderbilt University
Prior Experience
  • Partner and Co-Chair of Antitrust Practice Group, Holme Roberts & Owen LLP
  • Partner and Chair of Antitrust and Competition Group, Morrison & Foerster
  • Deputy Attorney General, California
  • Deputy Attorney General, Massachusetts
  • Intensive Advocacy Faculty Member, Stanford University
Awards
  • Ira A. Brown Distinguished Adjunct Professor Award, University of San Francisco School of Law, 2006.
  • Chambers USA Leading Antitrust Lawyers, 2003-2006.
  • The Best Lawyers in America, 2006.
  • Marquis Who’s Who in American Law, 2006-2007.
  • Northern California Super Lawyer, 2005-2007.
TitleOutletsDate
"State Court to Examine 'Pay-for-Delay' Deals by Drugmakers"California Times, North County Times03/02/12
"Creative Financing Deals May Cost City $68 Million"New York Times, Bay Citizen11/26/11
"Intellectual Property Rights Under China's Anti-Monopoly Law: Problems of Price Regulation and Uncertainty"
People's Daily (China)
04/13/10
"Antitrust Update"California Lawyer04/30/08
Books
  • California Antitrust and Unfair Competition (State Bar of California, First Edition 1991, Second Edition 1997, Third Edition 2003, Fourth Edition forthcoming). (Contributing Author) Read More
  • Antitrust Dispute Resolution: Leading Lawyers on Best Practices for Resolving Antitrust Matters through Negotiations (Boston, Mass.: Aspatore Books, 2007). (Contributing Author)
  • Sales and Mergers of California Businesses (Continuing Education of the Bar, 2004, 2005, and 2007 Editions). (Contributing Author)
  • Antitrust Guidelines for the Insurance Industry (California Office of the Attorney General, 1990). (Reprinted in 58 Antitrust & Trade Regulation Report S-1, 1990)
Law Review and Journal Articles
  • "The Failure of Corporate Governance Standards and Antitrust Compliance," . SSRN
  • "The Failure of Corporate Governance Standards and Antitrust Compliance," (forthcoming). SSRN
  • "Does Criminalization of Cartels Work," 3 New Journal of European Criminal Law 115 (2012).
  • "Sailing a Sea of Doubt: A Critique of the Rule of Reason in U.S. Antitrust Law," 17 Fordham Journal of Corporate and Financial Law 591 (2012). SSRN
  • "Lessons for Competition Law from the Economic Crisis: The Prospect for Antitrust Responses to the 'Too-Big-To-Fail' Phenomenon," 16 Fordham Journal of Corporate and Financial Law 261 (2011). SSRN
  • "The Supreme Court’s New Implied Repeal Doctrine: Expanding Judicial Power To Rewrite Legislation Under The Ballooning Conception of 'Plain Repugnancy'," 45 Gonzaga Law Review 437 (2010). SSRN
  • "Doing Business in China: What to Expect From M&A and Antimonopoly Regulation," General Counsel (2007).
  • "The Basics of California’s Antitrust Law," 18 California Business Law Practitioner 93 (2003).
  • "The Balkanized State of Federal and State Antitrust Laws," 2 State Antitrust Enforcement 6 (2000).
  • "Premerger Clearance Law to be Revised," 1 Start-Up & Emerging Companies Strategist  3 (2000). (Co-authored with Patricia Zeigler.)
  • "Some Important Implications of ABC International Traders: A Reprieve for Delear Termination Claims and a Wake Up Call for Price Discrimination in Technology Licensing," 7 Competition 1 (1998).
Book Contributions
  • "Antitrust Factors," in Sales and Mergers of California Business  (Continuing Education of the Bar, 2009).
  • "Chapter 23: Public Enforcement of California Antitrust Laws," in California State Antitrust and Unfair Competition Law  (State Bar of California/Matthew Bender, 2009). (Co-authored with Professor Joshua Davis.)
  • "The Unfair Practices Act," in California State Antitrust and Unfair Competition Law  (State Bar of California/Matthew Bender, 2009).
Other Publications
  • "The Antitrust Division Learns to Stop the Clock: How Section 1392 Lets the Government Toll the Statute of Limitations," 32 Criminal Practice & Procedure Committee Newsletter 4 (2003). (Co-authored with Pamela Pham.)
Briefs
    Court Citation of Research
      Presentations
      • Presenter, "Private Rights of Damages," Institute for Consumer Antitrust Studies at Loyola University Chicago, "Antitrust Marathon V - Public and Private Enforcement of Competition Law," Rome, Italy (March 2013).
      • Presenter, "Does Criminalization of Cartels Work? A Few Lessons From the United States Experience," University of Luxembourg New Journal of Criminal Law Conference, "Per Se Cartel Offences - Legitimacy and Utility of Criminal Sanctions?" Luxembourg, Luxembourg (March 2012). (Keynote Address)
      • Panelist, "The Harmfulness of Hard-Core Cartels: Differences Between Administrative and Criminal Systems," University of Luxembourg New Journal of Criminal Law Conference, "Per Se Cartel Offences - Legitimacy and Utility of Criminal Sanctions?" Luxembourg, Luxembourg (March 2012).
      • Panelist, "Licensing and Antitrust," UC Davis Business Law Journal Symposium, "The Changing World of Contracting in Business Law," Davis, Calif. (February 2012).
      • Presenter, "Competition Policy Amidst Financial Crisis," American Antitrust Institute and National Press Club Conference "International Economics for Antitrusters: Learning From Two Decades of Deep Globalization," Washington, D.C. (June 2011). (Co-presented with Simon Johnson, Laonnis Kokkoris, and Albert Foerr.)
      • Panelist, "Too Big to Exist," Loyola University Chicago School of Law's 11th Annual Antitrust Colloquium, Chicago, Ill. (April 2011).
      • Presenter, "Toward the Restoration of Categorical Analysis in U.S. Antitrust Law: The Demise of Old Categories and the Need for New Ones," University of Luxembourg School of Finance, Luxembourg District, Luxembourg (March 2011). (Markham will also lead four classes on comparative antitrust law at the University of Luxembourg.)
      • Presenter, "A Critique of Criminal and Civil Sanctions for Hard-Core Cartel Offenses," University of Luxembourg, Luxembourg (March 2011).
      • Presenter, "Toward the Restoration of Categorical Analysis in U.S. Antitrust Law: The Demise of Old Categories and the Need for New Ones," University of Luxembourg, Luxembourg (March 2011).
      • Presenter, "International Competition Law Regime," George Washington University Law School, Washington, D.C. (February 2011). (Markham participated in this seminar with law faculty Donald Baker and John De Q. Briggs.)
      • Presenter, "Global Competition Law: The United States Perspective," Universidad de Deusto Erasmus Mundus Master Course European Master in Transnational Trade Law and Finance, Bilbao, Spain (January 2011). (Via Videoconference)
      • Moderator, "Views from the Bar: Panel of Attorneys," University San Francisco School of Law Symposium "Litigation, Settlement, and the Public Interest: Fluid Recovery and Cy Pres Relief", (October 2010).
      • Presenter, "Antitrust Beyond California — The Year in Review," State Bar of California Golden State Antitrust Institute, San Francisco, Calif. (October 2010).
      • Presenter, half-day seminar on competition law issues relating to health care and pharmaceutical markets to the Vietnam Competition Authority, Hanoi, Vietnam (June 2010).
      • Presenter, University of San Francisco School of Law lecture to a delegation of 26 Thai students and faculty from Assumption University, (April 2010).
      • Presenter, "Lessons from Competition Law from the Economic Crisis: Can Antitrust Intervention Ever Avert a 'Too-Big-To-Fail' Problem?" Fordham University Corporate Law Center New Ideas for Limiting Bank Size conference, New York, N.Y. (March 2010).
      • Presenter, "The Structure of the Legal Academy," Golden Gate University Society of American Law Teachers Program "New Teacher Pipeline Project," San Francisco, Calif. (March 2010).
      • Presenter, "How Revived Antitrust Enforcement in the Obama Administration Will Affect Your Clients," ALI/ABA Forum, (June 2009).
      • Presenter, "Overview of Developments in Antitrust and Unfair Competition Law," Golden State Antitrust and Unfair Competition Law Institute, San Francisco (October 2009). (Sponsored by the California State Bar, Markham presented with Thomas Papageorge of the University of San Diego School of Law and Thomas Greene, executive director of the Financial Crisis Inquiry Commission. The event was created by Congress to investigate the causes of the financial collapse.)
      • Presenter, "Is Too Big to Fail Just Plain Too Big? The Case for More Vigorous Antitrust Enforcement to Avert Catastrophic Failures," University of San Francisco School of Law Faculty Teaching and Scholarship Workshop, (March 2009).
      • Presenter, Transnational Law and Finance Master Program Seminar at the Universidad de Duesto in Bilbao, Spain, via video conference, Bilbao, Spain; San Francisco, Calif. (January 2009). (Markham introduced U.S. antitrust law and presented specialized applications of the law in the contexts of intellectual property, standard setting, and international enforcement during this nine-hour seminar.)
      • Presenter, "U.S. Antitrust Law," Universidad de Duesto Transnational Law and Finance Master Program Seminar, Bilbao, Spain (January 2009).
      • Presenter, "The Ballooning Conception of 'Plain Repugnancy' Under the Implied Repeal Doctrine, and the Balance Between Regulation and Antitrust," University of San Francisco School of Law Faculty Scholarship Workshop, (October 2008).
      • Presenter, "Proving Relevant Markets in Antitrust Civil Trials," ALI-ABA, Washington, D.C. (June 2008).
      • Presenter, "Antitrust and Generic Drug Competition Under the Hatch-Waxman Act and Antitrust Law," ICI, Alexandria, Va (May 2008).
      • Panelist, "Antitrust Update," (April 2008). (Markham participated in a roundtable that was published in the May 2008 issue of California Lawyer, titled "Antitrust Update". Roundtable features several antitrust experts, including Markham. Bio in this article is first published indication of Markham's appointment to USF faculty as the Marshall P. Madison Professor of Law.)
      • Presenter, "The Fundamental Objectives of Antitrust Policy: Guiding Principles for Setting Priorities in the Implementation of China's Antimonopoly Law," Conference on innovation and competition at the University of International Business and Economics Law School, Beijing, China (April 2008). (China enacted an antitrust law, which came into effect in August 2008. This forum was convened to consider how intellectual property rights should be dealt with under the new law.)
      • Presenter, "China’s Antimonopoly Law and Intellectual Property Rights," University of Industry, Business and Economics, Beijing, China (April 2008).
      Testimony and Hearings
        Written Testimony and Commentary
        • Signatory, open letter in support of legislation to cap the size of U.S. banks (May 2010).
        Advisor or Consultant
          Counsel
            Symposia Organization
              Professional Membership
              • Member, National Association of Attorneys General Antitrust Committee (1985 to 1994)
              • Member, Continuing Education of the Bar Advisory Committee (March 2009)
              • Co-Chair, Lawyers for Kerry Committee (2003 to 2004)
              • Member, California State Bar, Antitrust Law Section Executive Committee (1994 to 1997)
              • Chair, California State Bar Antitrust Law Section (1996 to 1997)
              • Advisor, California State Bar Antitrust Law Section (1997 to present)
              Fellowships
                Other Service
                • Markham assisted Mongolia's Authority for Fair Competition and Consumer Protection with the passage and implementation of antitrust legislation (2010).
                • Markham hosted a visit from Mandakh Dashdorj, chairman of the Authority for Fair Competition and Consumer Protection of Mongolia (2010).
                • Markham participated in roundtable featuring antitrust experts, published by the California Lawyer (2008).
                • Board Member, East Bay Agency for Children (1998 to 2001)
                • Markham helped administer an AID program for implementation of competitive economies for Russia and the Ukraine.