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Jeffrey I. Shinder is the Managing Partner of Constantine Cannon’s New York Office. Mr. Shinder specializes in antitrust counseling and litigation, and has expertise in numerous industries, including payment systems, banking, high technology, energy, airlines, telecommunications, standard setting, health care, pharmaceuticals, sports, retail and utilities. In the payments realm he has represented networks, merchants, technology and engineering firms, and hardware suppliers, providing them litigation and consulting services. Mr. Shinder’s antitrust expertise is widely recognized as he has acted as Special Counsel to the Federal Trade Commission, delivered speeches and lectures on antitrust issues for both domestic and international audiences and has worked on numerous high profile antitrust cases.
Mr. Shinder has counseled clients on a vast range of antitrust issues, including antitrust compliance programs, Hart-Scott-Rodino Act reporting requirements and the preparation of Hart-Scott-Rodino filings, pre-merger coordination activities and information exchanges, the negotiation or modification of consent decrees, compliance with Civil Investigative Demands, trade associations, joint ventures, competitor collaborations, distribution practices, structured terminations and retail pricing policies, Robinson-Patman Act issues, and pending investigations and merger reviews conducted by the Federal Trade Commission and Department of Justice.
Mr. Shinder recently served as Special Counsel to the Federal Trade Commission. In that role, he worked on designated projects for Commissioner Pamela Jones Harbour.
Mr. Shinder was named by Law & Politics as a New York Super Lawyer for 2007, 2008 and 2009. Click here to read announcement.
Mr. Shinder's antitrust litigation experience includes the following high profile matters:
- Discover v. Visa/MasterCard - Mr. Shinder represented Discover Financial Services LLC in its multi-billion dollar damages lawsuit against Visa and MasterCard. The case settled on the eve of trial for $2.75 billion, the third largest reported antitrust settlement in U.S. history.
- FTC v. Rambus - Mr. Shinder was appointed as a Special Counsel for the Federal Trade Commission in this landmark standard setting case.
- In Re Visa Check/MasterMoney Antitrust Litigation (E.D.N.Y.) - Mr. Shinder represents Wal-Mart, Sears, The Limited, Safeway, Circuit City, the National Retail Federation, the Food Marketing Institute, and the International Mass Retailers Association and a certified class of 4 million merchants, who are challenging Visa and MasterCard's Honor-All-Cards Rules under the Sherman Act. The case settled on the eve of trial in the largest private antitrust settlement in U.S. history.
- United States v. Primestar - Mr. Shinder represented The News Corporation in the Department of Justice's suit to block the sale of certain direct broadcast satellite assets to a consortium of cable companies.
- Liberty Cable v. Time Warner - Mr. Shinder represented Liberty Cable, a cable overbuilder in New York City, in its monopolization suit against Time Warner Cable of New York.
- Diskin v. Daily Racing Form - Mr. Shinder represented K-III Communications Co. Inc. (now Primedia, Inc.) in its successful defense of an antitrust suit concerning the merger of two past performance publications in the thoroughbred horse racing industry.
Mr. Shinder has written and lectured extensively on various antitrust issues. Mr. Shinder was a contributing author to the Fourth Edition of The Antitrust Advisor, a major antitrust hornbook, published by McGraw-Hill, Inc. He also drafts the annual update of the state antitrust law section of Legal Aspects of Buying and Selling, a leading antitrust treatise. He has lectured on antitrust issues related to e-commerce, focusing on the Microsoft lawsuit and the antitrust issues raised by business-to-business ("B2B") joint ventures. He has also lectured on the interface between antitrust law and intellectual property. Mr. Shinder has lectured for the International School of Management on comparative U.S./E.U. Antitrust law, focusing on merger enforcement.
Mr. Shinder's publications include:
- The Google-Apple Antitrust Dilemma (with Evan P. Schultz), published by Forbes.com on July 1, 2010.
- Antitrust meets the mobile world (with Evan Schultz), published by Fortune at CNNMoney.com on May 26, 2010.
- Feedback: Interchange Amendments is Pro-, Not Anti-Consumer (with Matthew Cantor), published in the American Banker on May 24, 2010.
- Hospitality Merchants at Legal Crossroads (with Matthew L. Cantor and Adam Nyhan) published in Lodging Hospitality on May 10, 2010.
- Safeguard your standards, published in the May, 2010 edition of Managing Intellectual Property.
- In praise of class actions, published in the National Law Journal on April 5, 2010.
- Court Gives Dominant Firms More Flexibility on Pricing (with Ankur Kapoor) published in the New York Law Journal on May 5, 2009.
- VIEWPOINT: Interchange Facing an Unsteady Future, published in American Banker on April 8, 2009.
- Slow Death Of Section 2 Of The Sherman Act, published in the March 9, 2009 edition of Competition Law 360.
- Taking Long-Term Antitrust Potential Seriously, published in American Banker on November 26, 2008.
- The Return Of Section 5 Of The FTC Act?, (with Taline Sahakian) published in the March 13, 2008 edition of Competition Law 360.
- VIEWPOINT: The FTC's Quixotic Pursuit of the Whole Foods/Wild Oats Merger, published in eSapience Center for Competition Policy on Nov. 7, 2007.
- In Re Visa Check/MasterMoney Antitrust Litigation: A Study of Market Failure in a Two-Sided Market, published in the Columbia Business Law Review 2005.
- When Market Definition Trumps Competitive Effects Analysis: First Data/ Concord Versus In Re Visa Check, published in the Fall 2004 edition of Antitrust Magazine.
- Rigging the System? Permitting Anticompetitive Settlements, published in the June, 2004 edition of The Health Lawyer.
- The Great Canadian Debit Debate, published in the May, 2004 edition of Credit Card Management.
- Wal-Mart Decision Illustrates Merchants' New Debit Power, published in the February 6, 2004 edition of American Banker.
- A Real Battle With RealNetworks, the Microsoft Settlement Fails Its First Test, published in the January 20, 2004 edition of the New York Law Journal.
- Consolidation Raises Antitrust Issues, published in the June 17, 2002 edition of the Multichannel News.
- Restoring The Balance Between Intellectual Property Rights and The Antitrust Laws - The Xerox Case And Its Aftermath, published in the May 6, 2002 edition of Mealey's Litigation Report: Intellectual Property.
- Hammering It Out, published in the February 22, 2002 edition of the Los Angeles Daily Journal.
- Smart Antitrust Compliance Programs, published in the January/February 2002 edition of the Corporate Board.
- The Microsoft Settlement, Another Better Course, published in the January 7, 2002 edition of the National Law Journal.
- Merger Hindsight, published in the November 28, 2001 edition of the Los Angeles Daily Journal.
- Time-of-Suit Challenges to Mergers and the New Hart-Scott Rodino Act Reporting Requirements, published in the August 2001 edition of Altman Weil's In-house Practice & Management Journal.
- United and American Airlines' Restructuring Of the Airline Industry: Will the Bush Administration Act?, published in the June 2001 issue of the Andrews Antitrust Litigation Reporter.
As Quoted:
- Quoted in the article Retailers Might Save Millions From Financial-Overhaul Bill, Apparel News, July 23, 2010.
- Quoted in the article, As An ACH Operator, Fed May Have Conflict Setting Debit Rates, PaymentsSource.com, July 1, 2010.
- Quoted in the article INSIGHT-Small banks fight card fee limits despite exemption,
Reuters.com, June 15, 2010.
- Quoted in
Computerworld,
CNET News.com and
ABH News concerning a possible federal investigation into Apple's practices, June 14, 2010.
- Quoted in the article How Much is Adobe's Flash Really Worth, MarketWatch, June 4, 2010.
- Quoted in the article FTC clears Google purchase of mobile ad service, The Associated Press, May 24, 2010.
- Quoted in the article Google $750 Million Purchase of AdMob Cleared by U.S., in Bloomberg.com, May 21, 2010.
- Quoted in the article Google gets U.S. antitrust OK on AdMob buy, Financial Post.com, May 21, 2010.
- Quoted in the article Google wins clearance to buy mobile-advertising firm, in MarketWatch, May 21, 2010.
- Quoted in the article Google get U.S. antitrust OK on AdMob buy, in Reuters.com, May 21, 2010.
- Quoted in the article U.S. Approves Google's Deal for AdMob, in New York Times, May 21, 2010.
- Quoted in the article FTC clears Google's AdMob deal, in Seattle Post Intelligencer, May 21, 2010.
- Quoted in the article Google wins clearance to buy AdMob, in Investor's Business Daily, May 21, 2010.
- Quoted in the article FTC OK's Google's AdMob Purchase, in Red Orbit, May 22, 2010.
- Quoted in the article Google gets US anti-trust OK on AdMob buy, in Business Standard, May 22, 2010.
- Quoted in the article FTC clears Google's AdMob deal, in San Francisco Chronicle, May 24, 2010.
- Quoted in the article 1-us senator revives credit card fee reform, in Reuters.com, May 5, 2010.
- Quoted in the article Visa rattles payments with CyberSource acquisition, in The Green Sheet, April 23, 2010.
- Quoted in the article C-stores Face Legal Crossroads in Interchange Lawsuit in the Convenience Store News on April 22, 2010.
His speeches and presentations include the following:
- He was a speaker on the panel Interchange and Other Reforms: Who Will Have an Impact? at the Morgan Stanley 2010 Payments Summit at the Westin in Times Square, NY on May 5, 2010.
- He presented Intellectual Property and Antitrust - Current Conflicts and Future Trends to the Cleveland Intellectual Property Lawyers' Association (CIPLA) on January 14, 2010 in Cleveland, Ohio.
- The Continuing Challenge Posed by Visa and MasterCard, presented to The National Retail Federation's General Counsel Forum in New York on January 13, 2010.
- Intellectual Property and Antitrust: Current Conflicts and Future Trends, presented on October 19, 2009 at the 2009 Annual Meeting of the Licensing Executives, San Francisco, CA.
- Risky Business: How the Electronic Information Explosion Is Revolutionizing Discovery, presented at a seminar hosted by H5 Technologies, Inc. on July 23, 2008.
- The Antitrust Treatment of Joint Ventures: Lessons from Visa and MasterCard, presented at The Antitrust Aspects of Bank Mergers Symposium at Fordham Law School on November 13, 2007.
- Bell Atlantic Corp. v. Twombly: A Discussion of the Potential Impact that the Supreme Court's Recent Decision will have on Antitrust Cases and Beyond, participated as a panel member for the ABA-CLE Teleconference on July 11, 2007.
- Beyond Trinko and Twombly: The Role of Private Consumer Actions in Detecting and Providing Remedies for Antitrust Violations, presented during the American Bar Association Section of Antitrust Law 2007 Spring Meeting on April 18, 2007.
- Recent Developments in International Antitrust Law & Practice, presented during the American Bar Association Section of Litigation Annual Conference on April 13, 2007.
- In Re Visa Check Distribution, presented to Airline Transport Association on September 27, 2005.
- The Future of Debit Interchange, presented to ATM & Debit Forum 2005 on September 26, 2005.
- The Future of Visa and MasterCard, presented to Lafferty International Cards & Payments Council on May 11, 2005.
- The Future of Debit in the Aftermath of the Merchant Litigation Against Visa and MasterCard, presented to the American Bar Association Business Law Section on August 8, 2004.
- Trademark and Antitrust Law, presented to the Practicing Law Institute, Advanced Seminar on Trademark Law on May 19, 2004.
- The Future of Debit in the Aftermath of the Merchant Litigation Against Visa and MasterCard, presented to Thomson Card Forum on May 6, 2004.
- The Future of Debit in the Aftermath of the Merchant Litigation Against Visa and MasterCard, presented to the Pulse EFT Board of Directors on April 6, 2004.
- Antitrust and Copyright Law, presented to Random House on March 23, 2004.
- In Re Visa Check/MasterMoney Antitrust Litigation What it Means for the Future of Debit, presented to the Electronic Funds Transfer Association on October 1, 2003.
Mr. Shinder graduated from Osgoode Hall Law School in Toronto, Canada in 1991, and received a Masters of Law in Trade Regulation, specializing in antitrust and international trade law, from New York University School of Law in 1994. Mr. Shinder was a member of the Antitrust and Trade Regulation Committee of the Bar Association of the City of New York. Prior to joining Constantine & Cannon, Mr. Shinder was associated, as an articling student and summer associate, with the Toronto office of Goodman & Goodman. Mr. Shinder is a member of the bars of the State of New York and the Province of Ontario. Mr. Shinder belongs to the American and New York State Bar Associations, the antitrust section of the American Bar Association, the Internet Sub-Committee of the ABA antitrust section, and the Canadian Bar Association.
Mr. Shinder is married to Robin Adelson, the Executive Director of The Children's Book Council, Inc., and they have three fantastic children, Eliane, Alexandra and Kyla.
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Antitrust Litigation and Counseling
Government Agencies
Commercial Litigation
New York, Ontario
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Eastern District of N.Y.
U.S. District Court for the Southern District of N.Y.
The Google-Apple Antitrust Dilemma
Forbes.com (with Evan P. Schultz) (July 1, 2010)
Antitrust meets the mobile world
Fortune at CNNMoney.com (with Evan Schultz) (May 26, 2010)
Feedback: Interchange Amendments is Pro-, Not Anti-Consumer
American Banker (with Matthew Cantor) (May 24, 2010)
Hospitality Merchants at Legal Crossroads
(with Matthew L. Cantor and Adam Nyhan) Lodging Hospitality (May 10, 2010)
Safeguard your standards
Managing Intellectual Property (May, 2010)
In praise of class actions
National Law Journal (April 5, 2010)
Court Gives Dominant Firms More Flexibility on Pricing
(with Ankur Kapoor) New York Law Journal (May 5, 2009)
VIEWPOINT: Interchange Facing an Unsteady Future
American Banker (April 2009)
Slow Death of Section 2 of the Sherman Act
Competition Law 360 (March 10, 2009)
Taking Long-Term Antitrust Potential Seriously
American Banker (November 26, 2008)
The Return Of Section 5 Of The FTC Act?
(with Taline Sahakian) published in the March 13, 2008 edition of Competition Law 360
VIEWPOINT: The FTC's Quixotic Pursuit of the Whole Foods/Wild Oats Merger
eSapience Center for Competition Policy ("eCCP") (Nov. 2007)
download PDF
In Re Visa Check/Mastermoney Antitrust Litigation: A Study of Market Failure in a Two-Sided Market
2005 Colum. Bus. L. Rev. 599 (2005) Lloyd Constantine, Jeffery I. Shinder, and Kerin E. Coughlin
download PDF
When Market Definition Trumps Competitive Effects Analysis: First Data/Concord versus In Re Visa Check Antitrust
(Fall 2004)
download PDF
Rigging the System? Permitting Anticompetitive Settlements The Health Lawyer
(with Matthew Cantor) (June 2004) download PDF
The Great Canadian Debit Debate, Credit Card Management
(May 2004)
download PDF
Wal-Mart Decision Illustrates Merchants' New Debit Power,
American Banker (February 6, 2004)
download PDF
A Real Battle - With RealNetworks, the Microsoft Settlement Fails Its First Test
The New York Law Journal (January 20, 2004)
download PDF
Bush's First Test In Antitrust: The United/US Airways Merger
Publication (Date)
download PDF
Consolidation Raises Antitrust Issues,
Multichannel News (with Matthew Cantor), (June 17, 2002)
download PDF
Restoring The Balance Between Intellectual Property Rights and The Antitrust Laws - The Xerox Case And Its Aftermath
Mealey's Litigation Report: Intellectual Property (May 6, 2002)
download PDF
Hammering It Out
Los Angeles Daily Journal (February 22, 2002)
download PDF
Smart Antitrust Compliance Programs
The Corporate Board (January/February 2002), pg 7
download PDF
The Microsoft Settlement, Another Better Course
The National Law Journal (January 7, 2002)
download PDF
Merger Hindsight - Time-of-Suit Doctrine Is Making a Comeback
Los Angeles Daily Journal (Wednesday, November 28, 2001), pg 7
download PDF
Time-of-Suit Challenges to Mergers and the New Hart-Scott-Rodino Act Reporting Requirements
(August 2001)
download PDF
United and American Airlines' Restructuring of the Airline Industry: Will the Bush Administration Act?
Andrews, Antitrust, (June 2001)
download PDF
May 5, 2010
He was a speaker on the panel Interchange and Other Reforms: Who Will Have an Impact? at the Morgan Stanley 2010 Payments Summit at the Westin in Times Square, NY.
January 14, 2009
He presented Intellectual Property and Antitrust - Current Conflicts and Future Trends to the Cleveland Intellectual Property Lawyers' Association (CIPLA) in Cleveland, Ohio.
January 13, 2010
The Continuing Challenge Posed by Visa and MasterCard, presented to The National Retail Federation's General Counsel Forum in New York.
download PPT presentation
October 19, 2009
Intellectual Property and Antitrust: Current Conflicts and Future Trends, presented at the 2009 Annual Meeting of the Licensing Executives.
July 23, 2008
Risky Business: How the Electronic Information Explosion Is Revolutionizing Discovery, presented at a seminar hosted by H5 Technologies, Inc.
July 11, 2007
Bell Atlantic Corp. v. Twombly: A Discussion of the Potential Impact that the Supreme Court's Recent Decision will have on Antitrust Cases and Beyond, participated as a panel member for the ABA-CLE Teleconference.
April 18, 2007
Beyond Trinko and Twombly: The Role of Private Consumer Actions in Detecting and Providing Remedies for Antitrust Violations presented during the American Bar Association Section of Antitrust Law 2007 Spring Meeting.
download PDF
April 13, 2007
Recent Developments in International Antitrust Law & Practice presented during the American Bar Association Section of Litigation Annual Conference.
September 27, 2005
In Re Visa Check distribution, presented to Airline Transport Association.
download PPT presentation
September 26, 2005
The Future of Debit Interchange presented to ATM & Debit Forum 2005.
download PPT presentation
May 11, 2005
The Future of Visa and MasterCard presented to Lafferty International Cards & Payments Council.
August 8, 2004
The Future of Debit in the Aftermath of the Merchant Litigation Against Visa and MasterCard presented to the American Bar Association Business Law Section.
May 19, 2004
Trademark and Antitrust Law presented to the Practicing Law Institute, Advanced Seminar on Trademark Law.
download PDF
May 6, 2004
The Future of Debit in the Aftermath of the Merchant Litigation Against Visa and MasterCard presented to Thomson Card Forum.
April 6, 2004
The Future of Debit in the Aftermath of the Merchant Litigation Against Visa and MasterCard presented to the Pulse EFT Board of Directors.
March 23, 2004
Antitrust and Copyright Law presented to Random House.
October 1, 2003
In Re Visa Check/MasterMoney Antitrust Litigation What it Means for the Future of Debit, presented to the Electronic Funds Transfer Association.
August 2001
Merger Review in the United States and the European Union
download PDF
Overview of Antitrust-Intellectual Property Intersect
download PPT presentation
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