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THE EUROPEAN COMMISSION PROPOSES TO REGULATE INTERCHANGE FEES

				
Posted  10/17/13
								

				 
								 				On 24 July 2013, the European Commission adopted a package of proposed legislative measures to improve the current payment services framework. Alongside a new Payment Services Directive (PSD), the package includes a proposal for a Regulation on interchange fees.

Interchange fees are fees paid by a merchant’s bank (the acquiring bank) to the cardholder’s bank (the issuing bank) for card-based payment...				 
				 					 

						
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													  International Competition Issues, 
												
						

					
	
								
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EUROPEAN COMMISSION INVESTIGATION CONCLUDES EU ANTITRUST INFRINGEMENT

				
Posted  10/17/13
								

				 
								 				A two-year European Commission investigation has preliminarily concluded that some of the world’s largest investment banks -in addition to two bodies that they control:  Markit and the International Swaps and Derivatives Associations (ISDA) -have infringed EU antitrust rules by colluding to prevent exchanges from entering the credit derivatives market between 2006 and 2009. As a result, rival firms were unable to...				 
				 					 

						
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													  International Competition Issues, 
												
						

					
	
								
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LIBOR ICAP SETTLEMENT

				
Posted  10/17/13
								

				 
								 				At the end of September, London interdealer broker ICAP agreed to pay £55 million in settlement of allegations of wrongdoing to UK and US regulators.  The investigations alleged that ICAP traders had participated in Libor rate fixing.  ICAP is the fourth financial institution to enter into a financial settlement with regulators in the UK and the US.  Previous global Libor settlement figures agreed by Barclays, UBS...				 
				 					 

						
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													  International Competition Issues, 
												
						

					
	
								
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Feds Streamline Confidentiality Waiver For International Antitrust Investigations

				
Posted  10/16/13
								

				 
								 				The U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“FTC”) have announced that they are issuing a new joint model waiver of confidentiality designed to facilitate international antitrust investigations.

The Antitrust Division and the FTC often ask individuals and companies involved in civil investigations to permit the agencies to share confidential information provided in the...				 
				 					 

						
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													  Antitrust Enforcement, 
													  International Competition Issues, 
												
						

					
	
								
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J.P. Morgan Convinces Second Circuit That Natural Gas Investors’ Aiding And Abetting Claims Are Hot Air

				
Posted  10/10/13
								

				 
								 				The United States Court of Appeals for the Second Circuit has affirmed the dismissal of J.P. Morgan Chase & Co. and two of its subsidiaries, J.P. Morgan Chase Bank, Inc. and J.P. Morgan Futures, Inc., from In re: Amaranth Natural Gas Commodities Litigation, a suit brought by natural gas futures contracts purchasers that alleged J.P. Morgan aided and abetted the massive price manipulation scheme that led to the 2006...				 
				 					 

						
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Tenth Circuit Rules Microsoft Had No Duty To Deal With Novell’s WordPerfect

				
Posted  10/8/13
								

				 
								 				The U.S. Court of Appeals for the Tenth Circuit has rejected Novell, Inc.’s bid to resurrect its antitrust claims accusing Microsoft Corporation of maintaining its monopoly in the operating systems market by withdrawing its support for WordPerfect and other Novell applications.

The Court affirmed the decision of the U.S. District Court for the District of Utah in Novell v. Microsoft Corp. granting Microsoft...				 
				 					 

						
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													  Antitrust Litigation, 
													  Monopolization, 
												
						

					
	
								
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Software Engineers Seek Court Approval Of $20 Million Antitrust Settlement With High-Tech Giants

				
Posted  10/4/13
								

				 
								 				Plaintiffs seeking to represent a class of software engineers employed by Silicon Valley giants are asking the U.S. District Court for the Northern District of California to certify a settlement class and to approve a $20 million settlement of antitrust claims reached with Intuit Inc., The Walt Disney Co.'s Pixar Animation Studios Inc., and Lucasfilm Ltd.

If the settlement in In re: High-Tech Employee Antitrust...				 
				 					 

						
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Wireless Companies Succeed In Routing Text Message Plaintiffs Into Arbitration

				
Posted  10/1/13
								

				 
								 				The U.S. District Court for the Southern District of New York has decided that the U.S. Supreme Court’s recent upholding of a contractual waiver of class arbitration prevents three messaging companies from escaping arbitration of their antitrust claims against a large group of wireless companies in the putative class action of In re: A2P SMS Antitrust Litigation.

Plaintiffs Club Texting Inc., TextPower Inc. and...				 
				 					 

						
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UK Planning To Strengthen Competition Cops

				
Posted  09/26/13
								

				 
								 				The government of the United Kingdom is seeking comments on proposals designed to strengthen and streamline the UK’s competition regime.

The proposed reforms of British antitrust enforcement are contained in draft legislation that the UK has released for public comment.

The proposed measures are among the revisions being contemplated as part of an overhaul of both civil and criminal antitrust enforcement in...				 
				 					 

						
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													  International Competition Issues, 
												
						

					
	
								
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Court Finds Beer Drinkers’ Antitrust Claims Against Anheuser-Busch InBev Are Flat

				
Posted  09/23/13
								

				 
								 				Anheuser-Busch InBev (AB InBev), the world’s largest brewery, has convinced a federal judge in California to dismiss an antitrust complaint challenging its acquisition of Grupo Modelo, the largest brewer in Mexico.

The plaintiffs in Steven Edstrom et al. v. Anheuser-Busch InBev SA/NV are a group of nine beer consumers in the United States who are asking the U.S. District Court for the Northern District of...				 
				 					 

						
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