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Inside the 2023 Draft Merger Guidelines: A Conversation with Michael Kades

Posted  10/3/23
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,...

Common Ownership in the Draft Merger Guidelines: A Sea Change for Index Funds?

Posted  10/2/23
By Wyatt Fore   [Draft] Guideline 12: Acquisitions of partial control or common ownership may in some situations substantially lessen competition.[1]   Portfolio investors may soon find that their investments could be the subject of increased antitrust scrutiny, resulting from new federal enforcement guidelines.   On July 19, 2023, the U.S. Department of Justice and the Federal Trade Commission...

Constantine Cannon's Ethan Litwin Recognized as One of the Top 500 Litigators in America by Lawdragon

Posted  09/28/23
Constantine Cannon is pleased to announce that Ethan Litwin has again been named as one of the Top 500 litigators in America by Lawdragon in its “2024 Lawdragon 500 Leading Litigators in America” list. According to Lawdragon, this annual list recognizes top attorneys who represent corporations in cases involving, among other areas, antitrust, financial and securities litigation, intellectual property, and...

Payments News Update – September 22, 2023

Posted  09/22/23
Legal and Regulatory Developments SPOTLIGHT: California Legislature Passes Plastic Gift Card Ban Payments Dive – September 21, 2023 California’s legislature has passed a bill that would outlaw plastic gift cards, with legislators in the Senate and Assembly overcoming some opposition this month in votes approving the legislation, according to the state’s legislative website. About 70% of retail gift...

The Antitrust Week In Review

Posted  09/20/23
Here are some of the developments in antitrust news this past week that we found interesting and are following.   US FTC warns drugmakers over patent listings.  The U.S. Federal Trade Commission warned brand-name drugmakers they could face legal action if they improperly list patents with federal health regulators and said it will scrutinize any improper listings. "Improperly listing patents in the Orange Book...

Payments News Update – September 15, 2023

Posted  09/15/23
Legal and Regulatory Developments SPOTLIGHT: The CFPB Eyes Tech Firms’ Role in Governing Tap-To-Pay Digital Transactions News – September 8, 2023 The Consumer Financial Protection Bureau late Thursday released a report raising questions about the part restrictions imposed by big technology firms like Apple Inc. and Alphabet Inc’s Google subsidiary may play in hampering innovation, consumer choice, and the...

Payments News Update – September 1, 2023

Posted  09/1/23
Legal and Regulatory Developments SPOTLIGHT: US Debit Has Become More Competitive for CNP Merchants The Paypers – August 31, 2023 Since 2011, most card-not-present (CNP) merchants have had limited access to alternative debit networks due to issuers not enabling transaction routing. Now, nearly two months since the Federal Reserve codified that issuers must enable two networks for ‘all types of...
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