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Antitrust Insights and Analysis

Retailers Win Reversal of Visa/MasterCard Case at Second Circuit Court of Appeals

Posted  07/7/16
New York, New York (July 7, 2016) – After a four-year fight, Constantine Cannon won the reversal of a class action settlement that attempted to resolve merchant antitrust claims against Visa, MasterCard, and the nation’s largest banks.  The settlement tried to force the entire existing U.S. merchant community, and future merchants that accept Visa and MasterCard, to release all antitrust claims in exchange...

Brexit: The Long Road Ahead

Posted  06/29/16
A View from Constantine Cannon’s London Office By James Ashe-Taylor  Less than a week after Britain’s vote to leave the European Union, it is becoming increasingly obvious that the vote to “Leave” has settled nothing. This uncertainty was perhaps inevitable given that the referendum was fundamentally flawed. The Prime Minister should have delayed the process until the Leave supporters put...

Geographic Market Definition Trips Up FTC As Federal Court Rejects Challenge To Advocate-NorthShore Hospital Merger

Posted  06/22/16
By James J. Kovacs The loss of the Federal Trade Commission (“FTC”) in a hospital merger case in the U. S. District Court for the Northern District of Illinois last week highlights just how tricky defining a proper geographic market can be for antitrust enforcers these days. Following a six day hearing, Judge Jorge Alonso denied a request by the FTC and the State of Illinois in FTC v. Advocate Health Care to...

Third Circuit Shows No Love For Lovenox® Bundling Theory

Posted  05/6/16
By Ankur Kapoor Citing the well-known maxim that the antitrust laws are concerned with “the protection of competition, not competitors,” the U.S. Court of Appeals for the Third Circuit on Wednesday affirmed summary judgment for Defendant Sanofi Aventis on Plaintiff Eisai, Inc.’s claim that Sanofi foreclosed competition in the market for anticoagulant drugs administered in hospitals. Eisai alleged that...

EU Commission Hits Google With Abuse Of Dominance Charges Over Android

Posted  04/20/16
A View from Constantine Cannon’s London Office By Richard Pike and Yulia Tosheva Just as expected, following a one-year investigation and a number of information requests, the European Commission formally announced today that it is accusing Google’s parent company, Alphabet, of abusing its dominant position in relation to the Android mobile operating system. Google is already facing antitrust charges...

UK Payment Systems Regulator Issues “Final Guidance” Heralding Major Changes In Operation Of Payment Systems

Posted  04/1/16
A View from Constantine Cannon’s London Office By Yulia Tosheva and Irene Fraile The UK Payment Systems Regulator (“PSR”) has published a final guidance on its approach to monitoring compliance with the EU Interchange Fee Regulation (“IFR”), which is changing the way payment systems operate in Europe. The PSR, which was launched in April 2015, is an independent economic regulator that oversees...

Competitors Engaged In Cooperative Processes Find They Face Competing Approaches By Southern District Of New York Judges Weighing Antitrust Liability

Posted  03/30/16
By Robert M. Cross The scope of antitrust liability for competitors engaged in cooperative processes—such as setting benchmark interest rates—became murkier this week with a decision by the U.S. District Court for the Southern District of New York holding that manipulation of such a cooperative process could give rise to a viable price-fixing claim. On Monday, Judge Jesse M. Furman held in Alaska Electrical...

European Union Begins Looking at Comprehensive Regulation of Virtual Currencies

Posted  03/2/16
A View from Constantine Cannon’s London Office By Yulia Tosheva, Richard Pike and James Ashe-Taylor The European Parliament’s Committee on Economic and Monetary Affairs (“ECON”) took a tentative first step toward the regulation of virtual currencies regulation of virtual currencies last week with the issuance of a draft report on virtual currencies. The regulation of virtual currencies is already...

EU Telegraphs It Is Probing Whether Western Union Colluded To Drive Rivals Out Of Money-Transfer Market

Posted  02/26/16
A View from Constantine Cannon’s London Office By Richard Pike and Yulia Tosheva The European Commission has reportedly launched a preliminary antitrust investigation into possible collusion by Western Union in the money remittance market. According to sources, the European Commission is investigating whether exclusivity contracts signed between money-transfer provider Western Union and retail outlets...

Google Wins Court Battle Against StreetMap In The UK

Posted  02/17/16
A View from Constantine Cannon’s London Office By Yulia Tosheva and Richard Pike Google won a big victory Friday in the High Court of England and Wales, which ruled that Google did not abuse its dominant position to the detriment of the now-defunct UK online mapping provider, Streetmap.

The Court’s ruling against Streetmap’s claim for damages from Google for abuse of a dominant position (or...


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