October 6, 2009

Constantine Cannon Legal Victory Helps Client Achieve Outstanding Quarterly Profits

Discover Financial Services more than tripled its profits in the third fiscal quarter 2009, due in part to the antitrust settlement that Constantine Cannon and co-counsel secured last year. According to Discover’s quarterly financial statement, the company’s profits included approximately $287 million (after tax) in settlement payments relating to this lawsuit. 

In October 2008, Discover recovered $2.75 billion – the third-largest antitrust recovery in world history – from Visa and MasterCard.  This settlement was the result of a lawsuit alleging that the defendants illegally blocked Discover from issuing credit and debit cards through banks.  Discover’s lawsuit followed a successful action against Visa and MasterCard by the Antitrust Division of the United States Department of Justice, which proved that the defendants had violated the antitrust laws.

For more information about this successful recovery, click here.

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Categories: Antitrust Law and Monopolies

    October 5, 2009

    Canadian Class Actions Take A Step Forward

    Canadian competition law litigation took a step forward last week with the decision in Irving Paper Ltd v. Atofina Chemicals Inc. et al., in which the Ontario Superior Court certified a consolidated class of direct and indirect purchasers in a horizontal price-fixing case involving the hydrogen peroxide industry.  The case has important precedential value as it represents the first time in Canada that an antitrust class action was certified in an international conspiracy/cartel case on a contested basis.

    The Court had to determine whether a class of purchasers of hydrogen peroxide met the criteria for certification under the Class Proceedings Act, including: 1) whether the pleadings disclosed a cause of action; 2) whether there was an identifiable class of two or more persons that would be represented by the class representative; 3) whether the claims or defenses of the class members raise common issues; 4) whether the class proceeding was the preferable procedure for the resolution of the common issues; and 5) whether there was a representative plaintiff or defendant who would adequately represent the interests of the class. click here for more »

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    Categories: International Competition Issues

      October 1, 2009

      Constantine Pens A Timely And “Priceless” Tale Of Battling The Financial Giants

      Constantine Cannon’s founding partner, Lloyd Constantine, has written a book that answers the timely question of how do you rescue an industry from the greed and anticompetitive conduct of financial giants?  Constantine’s answer was to lead an historic legal battle against Visa and Mastercard that led to those financial giants paying billions of dollars to America’s merchants.
      Constantine’s book, Priceless: The Case That Brought Down The Visa/MasterCard Bank Cartel, tells the tale of how Constantine Cannon, at the time a young boutique antitrust law firm, took down the Visa and MasterCard bank cartel in the groundbreaking Visa Check/MasterMoney Antitrust Litigation.  The book hits the bookstores and the web-based booksellers on October 6, 2009.
      The Visa Check/MasterMoney Antitrust Litigation began in 1996 when one merchant, The Limited, approached Constantine to challenge Visa and MasterCard’s monopolization of the credit card industry.  Thus began a lawsuit that alleged that Visa and MasterCard had conspired to force merchants to accept Visa and/or MasterCard debit cards or risk losing customers.
      Simultaneously, Wal-Mart – America’s largest merchant – attempted to negotiate with Visa and MasterCard to lower excessive transaction fees.  Visa and MasterCard refused to budge.  That’s when Wal-Mart joined The Limited in its fight against the Visa and MasterCard cartel.  Once Wal-Mart was on board, other large merchants signed on, including Sears Roebuck, Circuit City, Payless Shoe Stores and Safeway.  Soon after, three merchant trade associations, National Retail Federation, International Mass Retail Association, and Food Marketing Institute, along with five million stores, joined the litigation, with Constantine at the helm.
      Priceless details Constantine’s decade-long battle against Visa and MasterCard to release America’s merchants from their grip.  The battle included two appearances before the U.S. Supreme Court, and concluded with settlement negotiations that made America’s merchants big winners.
      Priceless not only tells the tale of blood, sweat and glory, but also highlights the failures of government agencies in allowing companies to become “too big to fail,” the innermost secrets of how the credit card industry operates and the effect anticompetitive practices have on consumers.

      Constantine Cannon’s founding partner, Lloyd Constantine, has written a book that answers the timely question of how do you rescue an industry from the greed and anticompetitive conduct of financial giants?  Constantine’s answer was to lead an historic legal battle against Visa and MasterCard that led to those financial giants paying billions of dollars to America’s merchants.

      Constantine’s book, Priceless: The Case That Brought Down The Visa/MasterCard Bank Cartel,  tells the tale of how Constantine Cannon, at the time a young boutique antitrust law firm, took down the Visa and MasterCard bank cartel in the groundbreaking Visa Check/MasterMoney Antitrust Litigation.  The book hits the bookstores and the web-based booksellers on October 6, 2009. click here for more »

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      Categories: Antitrust Litigation

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