Antitrust Group

Net Neutrality Setback in Mozilla Opens the Door for State Regulation

By J. Wyatt Fore Although the cause of net neutrality suffered a setback at the federal level earlier this month with the decision by the U.S. Court of Appeals for the D.C. Circuit in Mozilla Corporation v. FCC, that decision also opens the door for state regulators to step in. The D.C. Circuit generally upheld the Federal Communications Commission’s (“FCC”) January 2018 order in In the Matter of Restoring...

Constantine Cannon Attorneys Named on the 2019 Super Lawyers and Rising Stars Lists

Constantine Cannon is pleased to announce that seven of its attorneys have been named to the 2019 New York Metro Super Lawyers annual list.  One attorney was also selected to the “Rising Star” list in New York Metro.

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following. State attorney general group probing Facebook could expand to 40: source.  An estimated 40 U.S. state attorneys general will participate in a probe of Facebook Inc, a source said, suggesting many more states want allegations of anticompetitive practices at the social media company investigated. The probe...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following. Exclusive: Antitrust probers in Congress ask Spotify to detail alleged Apple abuses – sources.  U.S. lawmakers have requested information from Apple critic Spotify as part of an antitrust probe, according to two sources briefed on the investigation into allegations the iPhone maker engages in...

DOJ Agreement to Use Binding Arbitration to Resolve Merger Dispute Could Herald New Approach in Antitrust Enforcement

By Alex Cohen Federal antitrust enforcers may be increasingly looking to arbitrators—instead of federal courts—to be the arbiters of competition law if a new approach in enforcement takes hold. This approach was highlighted on September 4, 2019, when the Antitrust Division of the United States Department of Justice (“DOJ”) filed a complaint in the U.S. District Court for the Northern District of Ohio...

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. Justice Department to open Facebook antitrust investigation: source.  The U.S. Justice Department will open an antitrust investigation of Facebook Inc., a person familiar with the matter said on Wednesday, marking the fourth recent antitrust probe of the social media company.  Facebook also faces...

The Ninth Circuit’s Decision in hiQ v. LinkedIn: Data Scraping May Have a Future, But for How Long?

By Seth D. Greenstein Do companies that gather public information have an obligation to make that information available en masse to would-be competitors?  Do competitors have a right to access those companies’ websites to get that information?  And do the interests in a free and open Internet prevail over the privacy of millions of citizens whose information is being “scraped” for commercial purposes they...

A Rerun That Deserves to be Cancelled: DirectTV-DISH Merger Would Still Likely be Anticompetitive After All These Years

By Matthew L. Cantor In 2002, Constantine Cannon’s founder, Lloyd Constantine, and I helped convince 23 State Attorneys General (both Democrats and Republicans), the Bush 43 Antitrust Division, and the FCC to block the proposed acquisition of DirecTV, Inc. by EchoStar Communications (which owns and operates the DISH network).  See Read More