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Payments News Update – May 26, 2022

Posted  05/26/22
Legal and Regulatory Developments SPOTLIGHT: CFPB Recasts Innovation Office to Emphasize Competition Banking Dive – May 25, 2022 The Consumer Financial Protection Bureau (CFPB) is leaving the sandbox and recasting its innovation efforts to emphasize its role in promoting competition. The agency’s newly established Office of Competition and Innovation, announced Tuesday, aims to explore how customers can...

New York State Senate Passes Groundbreaking Antitrust Bill

Posted  05/26/22
By Daniel Vitelli
The New York State Senate pushed the state’s groundbreaking antitrust bill a little bit closer to becoming a trailblazing law yesterday when it passed the proposed “Twenty-First Century Anti-Trust Act.” On May 25, 2022, just days before the scheduled close of the legislative session, the State Senate passed the bill, S933C, by a vote of 36 to 25. The bill now heads to the New York State Assembly.  It must...

Pass-on Defences and Indirect Claims: Will UK Courts Apply the Same Antitrust Sauce to the Goose as to the Gander?

Posted  05/24/22
How the UK is sorting out the rights of direct and indirect purchasers to claim damages for anti-competitive conduct. By Richard Pike It is well-established in economic literature that anti-competitive conduct may increase prices not only for direct purchasers but also for indirect purchasers. As UK courts are now demonstrating, however, determining who should be allowed to recover, and what each party must...

Antitrust Matters Episode 6: The NCAA

Posted  05/23/22
Antitrust Matters provides engaging and timely conversations about competition policy in the digital age. Antitrust has always mattered to consumers and businesses, and to antitrust lawyers and economists, but today it also is in the political and public discourse more than ever. From the prices we pay for food, travel, financial services, payments to the way we interact daily using digital apps and platforms,...

New York Senate Amends Groundbreaking Antitrust Bill

Posted  05/19/22
By Daniel Vitelli

New York's Groundbreaking Antitrust Bill: An Overview

With the New York State legislative session scheduled to adjourn in a few weeks, the State Senate this week returned to work on New York’s groundbreaking antitrust bill. On May 16 (S933B), and again on May 17 (S933C), the Senate amended New York’s proposed “Twenty-First Century Anti-Trust Act” (S933), the trailblazing legislation that would reshape the...

The Antitrust Week In Review

Posted  05/17/22
Here are some of the developments in antitrust news this past week that we found interesting and are following.   New Majority Gives F.T.C. a Chance to Push an Aggressive Agenda.  The confirmation of a third Democrat to the Federal Trade Commission broke a partisan deadlock at the agency. That’s good news for Lina Khan, the agency’s chair and a Democrat. It is also a test. With the F.T.C.’s new Democratic...

The Antitrust Week In Review

Posted  05/12/22
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. Senate committee passes antitrust bill pressuring OPEC.  A U.S. Senate committee passed a bill that could expose the Organization of the Petroleum Exporting Countries and partners to lawsuits for collusion on boosting crude oil prices. The No Oil Producing or Exporting Cartels (NOPEC) bill sponsored...

The Sherman Act Protects Competitors, the Ninth Circuit Reminds in Real Estate Case

Posted  05/10/22
By Harrison McAvoy A recent decision from the United States Court of Appeals for the Ninth Circuit points out that the antitrust laws’ protections extend not just to end consumers, but to any person or business in a supply chain, and provides guidance to litigants on standards for pleading a per se group boycott under Section 1 of the Sherman Act. In PLS.com v. National Association of Realtors, the Ninth...

Antitrust Matters Episode 5: The Intersection of Blockchain and Antitrust

Posted  05/9/22
Antitrust Matters provides engaging and timely conversations about competition policy in the digital age. Antitrust has always mattered to consumers and businesses, and to antitrust lawyers and economists, but today it also is in the political and public discourse more than ever. From the prices we pay for food, travel, financial services, payments to the way we interact daily using digital apps and platforms,...
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