Jesse W. Markham Jr.
Marshall P. Madison Professor of Law
Biographical Note
Professor Markham is a leading antitrust practitioner, and has headed up the antitrust departments of Holme Roberts & Owen, Morrison & Foerster, and Orrick, Herrington & Sutcliffe. He has also served as an antitrust prosecutor for the states of 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 bar publications. He has served as an adjunct professor at USF since 1992 and has 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
Scholarship
Books
Antitrust Dispute Resolution: Leading Lawyers on Best Practices for Resolving Antitrust Matters through Negotiations (Aspatore Books, 2007) (contributing author).
California Antitrust and Unfair Competition (State Bar of California, 4th ed. forthcoming; 3rd ed. 2003; 2d ed. 1997, 1st ed. 1991) (contributing author).
Sales and Mergers of California Businesses (Continuing Education of the Bar, 2004, 2005 and 2007 eds.) (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).
Articles
“Implied Partial Repeal, Credit Suisse, and the Balance Between Regulation and Antitrust” (forthcoming 2008).
“Doing Business in China: What to Expect From M&A and Antimonopoly Regulation,” General Counsel (Winter 2007).
“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).
“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).
Presentations
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 (created by Congress to investigate the causes of the financial collapse).
"How Revived Antitrust Enforcement in the Obama Administration Will Affect Your Clients," ALI/ABA Forum (June 2009).
"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 (via videoconference), "U.S. Antitrust Law," Transnational Law and Finance Master Program Seminar, Universidad de Duesto, Bilbao, Spain (January 2009).
“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).
“Proving Relevant Markets in Antitrust Civil Trials,” ALI-ABA, Washington, DC (June 2008).
“Antitrust and Generic Drug Competition Under the Hatch-Waxman Act and Antitrust Law,” ICI, Alexandria, Virginia (May 2008).
“China’s Antimonopoly Law and Intellectual Property Rights,” University of Industry, Business and Economics, Beijing, China, (April 2008).
Other Activities
Appointed to the Continuing Education of the Bar Advisory Committee (March 2009).
