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Antitrust Insights and Analysis

Ninth Circuit Ruling Could Curtail FTC Enforcement For Businesses With Exempt Operations

Posted  09/14/16
By David Golden The jurisdiction of the Federal Trade Commission could be significantly curtailed under the decision issued by the U.S. Court of Appeals for the Ninth Circuit in AT&T Mobility, Inc. v FTC. Reversing the lower court, the Ninth Circuit found that the FTC did not have authority to bring an enforcement action against AT&T Mobility for inadequate disclosures to its subscribers regarding data...

Department of Justice Moves Mega Beer Merger One Round Closer

Posted  07/22/16
By Matthew Vaccaro U.S. Department of Justice (“DOJ”) antitrust officials have approved Anheuser-Busch InBev’s (“ABI”) $107 billion takeover of SABMiller, on condition that ABI divest substantial assets, agree to prohibitions of certain distribution practices, and submit to ongoing agency oversight of ABI’s future acquisitions of distributors and craft brewers. If approved by the U.S. District Court...

Health Plan Members Convince Ninth Circuit to Revive Antitrust Class Action Against Dominant Northern California Healthcare Provider Sutter Health

Posted  07/18/16
By Rosa M. Morales An antitrust class action challenging the dominance of healthcare provider Sutter Health in Northern California received a new lease on life Friday as the U.S. Court of Appeals for the Ninth Circuit held that plaintiffs’ geographic market allegations were sufficiently detailed and plausible to survive a motion to dismiss. In Djeneba Sidibe, et al. v. Sutter Health, No. 14-16234 (9th Cir....

Consumer Financial Protection Bureau’s Far-Reaching Proposed Rule Would Free Consumers From Class Action Bans In Mandatory Arbitration Clauses

Posted  07/15/16
By James J. Kovacs Consumer lawsuits got a big boost on May 3, 2016, when the Consumer Financial Protection Bureau (“CFPB”) published its long-awaited proposed rule to prohibit class action bans in mandatory arbitration clauses. Mandatory pre-dispute arbitration clauses require plaintiffs to seek remedial relief before an arbitrator instead of a state or federal court. If adopted, the CFPB’s proposed rule...

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...

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