Launches boutique antitrust firm as activity continues to grow

Antitrust lawyers Constantine Cannon and Robins Kaplan are opening a boutique antitrust law firm just a week after the Justice Department’s lawsuit against Visa Inc. showed that the Biden administration continues its repression.

Former Constantine Cannon partners Matthew Cantor and Jeffrey Shinder, as well as former co-chair of Robin Kaplan’s antitrust and trade group, Kellie Lerner, are founding a new firm with offices in New York and Washington.

“We are at a moment where antitrust law has resurrected a profile that has languished for 50 years,” Shinder said in an interview.

Antitrust litigation has been an active area of ​​activity for many law firms, and the Biden administration has aggressively enforced its laws. Last week, Justice v. Visa accused the global payment processing company of illegally monopolizing debit cards by penalizing merchants and paying potential rivals. Justice and the Federal Trade Commission also set a record in fiscal year 2022 for the number of related merger challenges.

Regardless of whether Vice President Kamala Harris or former President Donald Trump wins next month’s election, the current antitrust momentum is too strong to reverse, Lerner said.

“You can’t beat an egg,” she said. “What this administration has done to advance antitrust law is not something that can be easily undone.”

The new company, Shinder Cantor Lerner, is launching with 10 partners and will offer customers alternative payment solutions, including hybrid payment plans, Shinder said. Next year, it plans to employ 15 to 20 lawyers in both facilities.

The full-service antitrust boutique will focus on antitrust violations, including anticompetitive mergers, market allocation, and monopolization. The company also expects to undertake algorithmic pricing work and plans to work for plaintiffs and defendants.

Shinder represented about 60 retailers, including Walmart Inc., Amazon.com Inc. and Gap Inc., in the fight against Visa and Mastercard Inc. in connection with allegedly incorrect credit card swiping fees. A federal appeals court initially rejected the $5.7 billion settlement, one of the largest U.S. antitrust settlements in history.

Lerner also represents direct purchasers in a class action lawsuit that alleges that manufacturers including Goodyear Tire & Rubber Co., Michelin and Bridgestone Corp. conspired to artificially inflate the price of new vehicle replacement tires.

Cantor said he hopes the company will bridge some of the gap between private and government antitrust enforcement. Represented StubHub, which brought anti-competitive allegations against Ticketmaster and the NBA’s Golden State Warriors in connection with a ticketing partnership.

“When a monopoly or cartel imposes anti-competitive practices, it is ultimately Joe, the consumer, who is harmed, and that is what motivates us to love this type of law,” he said.