Retailers have pushed back against Visa’s and MasterCard’s claims that their interchange fees are exempt from competition law, arguing that any purported benefits must go to merchants – not cardholders – to outweigh the fees’ restriction of competition.
Empirical data should not be required to prove a company’s conduct is exempt from competition law, counsel to MasterCard has argued to the UK Supreme Court.
A UK appeals court was wrong to find that Visa’s and Mastercard’s multilateral interchange fees are anticompetitive, because it ignored evidence that the level of the fees did not affect merchants’ ability to negotiate with banks, Visa’s counsel has argued.
Former Supreme Court Justice Potter Stewart would have turned 105 today. His definition of obscenity – “I know it when I see it” – has been passed down through the ages, but it is not to be overshadowed by his dissenting opinion in Citizen Publishing. There, he took issue with the court’s seven-to-one order finding that a joint operating agreement between two Arizona newspapers violated federal antitrust laws. Justice Stewart said the sole consistency he could find in litigation brought under section 7 of the Clayton Act is that “the government always wins.” Congress has since given newspapers antitrust exemptions for joint operating agreements.
A federal appellate court may be sympathetic to reviving the claims of two former LG employees that accused the company of having an illegal no-poach agreement with Samsung.
The Paroxetine judgment in the UK highlights a slew of questions that the EU courts have yet to resolve about patent settlements, and takes issue with the UK competition enforcer’s reasoning on market definitions. Tom Webb scrutinises the ruling
The line between permissible information exchange and collusion is not as clear cut as many businesses and trade associations would prefer, lawyers from Europe, North America and Asia have said. Julie Masson at GCR Live Women in Antitrust
David Higbee, John Cove, Jessica Delbaum, Djordje Petkoski, Ryan Shores, Todd Stenerson and Mark Weiss
Tito Andrade, Maria Eugênia Novis de Oliveira and Marcos Paulo Verissimo
Fernando Carreño and Paloma Alcantra
Jesús Eloy Espinoza Lozada
Jacques Derenne and Dimitris Vallindas
Adina Claici and Elisa Pau
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