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Page 28 of 38

Barclays Settles Second LIBOR Mis-Selling Case

Posted  04/15/14
A View from Constantine Cannon’s London Office By Natalia Mikolajczyk Barclays confirmed on Friday that it has settled another case alleging that it mis-sold LIBOR-tied derivative products. The lawsuit was filed by Domingos Da Silva Teixeira (DST), a family-owned construction and property company based in Braga, Portugal. As reported by the Financial Times, DST alleged that the British bank engaged in...

Barclays Settles First LIBOR “Test Case”

Posted  04/9/14
A View from Constantine Cannon’s London Office By Michael Petrides Barclays announced on Monday that it has reached an out of court settlement of British LIBOR-related litigation with Graiseley Properties, owner of Guardian Care Homes (GCH). The case concerned two interest rate swap contracts entered into by Graiseley and Barclays. Graiseley suffered substantial losses when base LIBOR rates fell. ...

Google Agrees To Search Engine Makeover To Settle European Antitrust Case

Posted  02/11/14
A View from Constantine Cannon’s London Office By Michael Petrides The announcement by the European Commission on February 5, 2014, that it has received a set of “improved commitments” from Google in their stand-off over the Internet giant’s search engine practices signals not only the beginning of the end of a four-year antitrust battle, but also a new chapter in online search and search...

Umbrella Liability For Price Fixing: Does The Forecast Call For More Damages In The EU And U.S.?

Posted  02/10/14
A View from Constantine Cannon’s London Office By Irene Fraile and Ankur Kapoor The European Union may be on the verge of embracing “umbrella liability”—a theory of liability that would significantly increase the exposure of members of anticompetitive cartels. The European Court of Justice is being urged by one of its advocates general to hold that, under EU law, victims of cartels can seek damages...

Rough Regulatory Waters May Rock Massive Shipping Alliance

Posted  12/11/13
By Jeffrey I. Shinder The proposed P3 shipping alliance among the world’s three biggest container shipping companies encountered more rough seas this past week. The U.S. Federal Maritime Commission (“FMC”) has requested additional information from the parties.  This request will delay the implementation of the proposed alliance because, after the parties comply with the request, a new 45-day regulatory...

Microsoft No Longer Has An X On The Back Of Its Box For Antitrust Enforcers

Posted  12/6/13
By Jean Kim The European Commission (the “EC”), as expected, has approved Microsoft’s proposed acquisition of Nokia’s handset devices business, demonstrating that antitrust enforcers no longer view the operating system Goliath of the 1990s as a tempting target. The European approval was the last remaining regulatory hurdle for the parties to go forward with the $7.2 billion acquisition.  The FTC granted...

Europeans Evolving Toward More Plaintiff-Friendly Private Damages Action Rules

Posted  12/5/13
 A View from Constantine Cannon’s London Office By James Ashe-Taylor and Julia Schaefer The governing institutions of the European Union are moving ahead with proposals that could enable consumers and businesses victimized by antitrust violations to have a better chance at recovering damages from cartel members. Earlier this week, ministers from all 28 member states of the EU agreed at a meeting of the...

Whistle-Blowing Banks Escape Record Fines EU Imposes In Rate-Fixing Investigation

Posted  12/4/13
By Gary J. Malone The record fines imposed by the European Union today as part of its settlement with eight global financial institutions for fixing benchmark interest rates highlight both the risks of collusion and the rewards of coming clean. Although the EU fined the group of financial institutions a record total of 1.7 billion euros (about $2.3 billion), two of the participants in the cartels—UBS and...

Cargo Shipping Companies’ Price Signaling Could Run Aground In EU Probe

Posted  11/27/13
By Jeffrey I. Shinder The steady stream of cartel investigations and lawsuits on both sides of the Atlantic in recent months highlights the need for vigilant antitrust enforcement to protect consumer welfare, despite the views of those, like the Wall Street Journal editorial page, who question the wisdom of antitrust law. These alleged cartels range from the apparently venal manipulations of the financial...

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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