Matthew L. Cantor is a partner in the law firm of Constantine Cannon LLP. He is a well-recognized expert in antitrust litigation and counseling, including matters that specifically concern the health services, financial services, telecommunications and media industries. He has substantial antitrust trial experience.
In the health services arena, Mr. Cantor has represented Ortho Biotech, a subsidiary of Johnson & Johnson, in a litigation with Amgen, Inc. concerning exclusionary bundling practices related to pharmaceutical products. That case resulted in a settlement in August 2008 under which Ortho Biotech was awarded $200 million. Mr. Cantor also represented several radiology practices that brought Sherman Act §1 claims against an alleged radiologist cartel that prevented Mr. Cantor’s clients from treating insured patients. In one such case, Mr. Cantor, as lead trial counsel, secured a jury verdict for his client — an outcome not achieved by many antitrust practitioners. Mr. Cantor has also represented pharmacies in matters concerning the actions of Pharmacy Benefit Managers.
In 2018, Mr. Cantor represented Tracelink, Inc. – a supplier of innovative software that tracks and traces pharmaceutical products through the supply chain – in a Sherman Act § 1 case brought against the Healthcare Distribution Alliance – a trade association for drug wholesalers. That matter, which was pending in the Eastern District of Virginia, was resolved.
On the transaction front in healthcare, Mr. Cantor recently represented CareCore National, LLC — a provider of specialty benefit management services — in its acquisition of MedSolutions, Inc. — another provider of these services.
Mr. Cantor is currently lead counsel for the plaintiffs in a substantial indirect purchaser class action in a case against the Sutter Health system concerning tying arrangements and anti-steering provisions imposed by Sutter on health plans.
In the financial services/electronic payments arena, Mr. Cantor was on the lead counsel team for the plaintiffs in a major antitrust dispute concerning electronic payment systems entitled Wal-Mart, The Limited, Sears, Safeway, Circuit City, et al. v. Visa and MasterCard and In re Visa Check/MasterMoney Antitrust Litigation. That matter resulted in the largest settlement in antitrust history, valued conservatively at approximately $28 billion in April 2003. He also acted as one of the lead attorneys for Morgan Stanley/Discover in its Sherman Act §1 action against Visa and MasterCard for damages caused by their rules that precluded financial institutions from offering Discover cards to consumers. This action resulted in a settlement in October 2008 under which Discover was awarded $2.75 billion.
Mr. Cantor has displayed his antitrust and telecommunications expertise by representing parties that own or wish to acquire substantial telephony assets and operations, cable properties, television broadcast stations, satellite television providers and video-programming services. He represented The News Corporation Limited in connection with numerous transactions, including its sale of its DirecTV assets to Liberty Media Corporation, its $5 billion acquisition of Chris-Craft Industries, Inc., its $5 billion sale of Fox Family WorldWide, Inc. to The Walt Disney Company. He actively opposed the proposed merger of Echostar Communications and DirecTV — a transaction eventually opposed by the United States and 23 states Attorneys General — and the sale of cable assets from Adelphia Communications to Time Warner Cable and Comcast Corporation — a transaction that was only approved after the Federal Communications Commission placed substantial conditions upon the acquiring parties that Mr. Cantor advocated. He also represented Nexstar Broadcasting in an antitrust case involving the monopolization or a market related to television broadcasting that successfully settled.
Mr. Cantor has also represented eBay, Inc. subsidiary, StubHub, Inc. on antitrust issues related to electronic ticketing.
Mr. Cantor has broad experience in federal and state general commercial litigation and arbitration. Mr. Cantor has litigated disputes involving, among other things, real estate, partnership, contract and securities law.
Mr. Cantor graduated from the New York University School of Law in 1995 and from the University of Michigan in 1992, with High Distinction and with a major in English. Prior to joining Constantine Cannon, Mr. Cantor was associated with the firm of Whitman Breed Abbott & Morgan LLP.
Mr. Cantor has been a member of the Antitrust Section of the American Bar Association and the Antitrust Section of the New York State Bar Association. He is admitted to practice before New York State courts, the United States District Courts for the Eastern and Southern Districts of New York, the United States Court of Appeals for the Second, Fifth and Ninth Circuits, and the United States Supreme Court.
Mr. Cantor has also spoken and written numerous times about antitrust and litigation topics, including the application and relevance of the antitrust laws to businesses involved in health services, Internet, video-programming, video-distribution and telephony. His publications are listed below.
Pharmaceutical Executive (April 8, 2015) Click here to read the article.Read More