Matthew L. Cantor is a partner in the law firm of Constantine Cannon LLP. He is a well-recognized expert in antitrust litigation and counseling, including matters that specifically concern the health services, financial services, telecommunications and media industries. He has substantial antitrust trial experience.
Mr. Cantor was on the lead counsel team for the plaintiffs in a major antitrust dispute concerning electronic payment systems entitled Wal-Mart, The Limited, Sears, Safeway, Circuit City, et. al. v. Visa and MasterCard and In re Visa Check/MasterMoney Antitrust Litigation. That matter resulted in the largest settlement in antitrust history, valued conservatively at approximately $28 billion in April 2003. He also acted as one of the lead attorneys for Morgan Stanley/Discover in its Sherman Act § 1 action against Visa and MasterCard for damages caused by their rules that precluded financial institutions from offering Discover cards to consumers. This action resulted in a settlement in October 2008 under which Discover was awarded $2.75 billion.
In the health services arena, Mr. Cantor has represented Ortho Biotech, a subsidiary of Johnson & Johnson, in a litigation with Amgen, Inc. concerning exclusionary bundling practices related to pharmaceutical products. That case resulted in a settlement in August 2008 under which Ortho Biotech was awarded $200 million. Mr. Cantor, as lead counsel, also represents radiology practices that have brought Sherman Act § 1 claims against a radiologist benefits management company. In one health care antitrust case, Mr. Cantor, as lead counsel, secured a jury verdict for his client.
Mr. Cantor has displayed his antitrust and telecommunications expertise by representing parties that own or wish to acquire substantial telephony assets and operations, cable properties, television broadcast stations, satellite television providers and video-programming services. He represented The News Corporation Limited in connection with numerous transactions, including its sale of its DirecTV assets to Liberty Media Corporation, its $5 billion acquisition of Chris-Craft Industries, Inc., its $5 billion sale of Fox Family WorldWide, Inc. to The Walt Disney Company. He actively opposed the proposed merger of Echostar Communications and DirecTV -- a transaction eventually opposed by the United States and 23 states Attorneys General -- and the sale of cable assets from Adelphia Communications to Time Warner Cable and Comcast Corporation -- a transaction that was only approved after the Federal Communications Commission placed substantial conditions upon the acquiring parties that Mr. Cantor advocated. He currently represents Nexstar Broadcasting in an antitrust case involving the monopolization or a market related to television broadcasting.
Mr. Cantor has broad experience in federal and state general commercial litigation and arbitration. Mr. Cantor has litigated disputes involving, among other things, real estate, partnership, contract and securities law.
Mr. Cantor graduated from the New York University School of Law in 1995 and from the University of Michigan in 1992, with High Distinction and with a major in English. Prior to joining Constantine Cannon, Mr. Cantor was associated with the firm of Whitman Breed Abbott & Morgan LLP.
Mr. Cantor is a member of the Antitrust Section of the American Bar Association and the Antitrust Section of the New York State Bar Association. He is admitted to practice before New York State courts, the United States District Courts for the Eastern and Southern Districts of New York and the United States Court of Appeals for the Second and Fifth Circuits. He is also a member of the US Supreme Court bar.
Mr. Cantor has also spoken and written numerous times about antitrust and litigation topics, including the application and relevance of the antitrust laws to businesses involved in health services, internet, video-programming, video-distribution and telephony.
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U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Supreme Court
Protect the Little Guy from "Too Big to Fail"
The Hill's Congress Blog (with Daniel Vitelli) (September 18, 2013)
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Antitrust Ramifications of Exclusivity in Health Care
BNA Antitrust & Trade Regulation Report (with Axel Bernabe) (June 7, 2013)
A Watchful Antitrust Eye in Healthcare
BNA Antitrust & Trade Regulation Report (with Marlene Koury) (December 7, 2012)
Visa, Returning to Old Ways, Squelches Competition in Debit
American Banker (with Jeffrey I. Shinder) (June 26, 2012)
Feedback: Interchange Amendments is Pro-, Not Anti-Consumer
American Banker (with Jeffrey I. Shinder) (May 24, 2010)
Hospitality Merchants at Legal Crossroads
(with Jeffrey I. Shinder and Adam Nyhan) Lodging Hospitality (May 10, 2010)
Let innovators flourish
National Law Journal (with Axel Bernabe) (April 27, 2009) Click here to read the article.
Rethinking M&A Antitrust Enforcement
American Banker (February 20, 2009)
Boosting the Economy by More Use Of the 'Weakened Firm Defense'
New York Law Journal (January 20, 2009)
Taking Long Term Antitrust Potential Seriously
American Banker (November 26, 2008)
Joint Inspection Antitrust Review of a Microsoft-Yahoo Merger Might Go Like This
Legal Times (February 18, 2008)
Class Potential for Interchange Lawsuit
American Banker (July 20, 2007)
Congress Limits Antitrust Liability for Standard-Setting Groups
New York Law Journal (with Adam Nyhan) (June 7, 2005)
Dominating Digital Music
The National Law Journal (with Ankur Kapoor) (June 6, 2005)
Vague Law Leads To Havoc
The National Law Journal (September 6, 2005)
How Powerful Are Broadcasters?
Multichannel News (June 7, 2004)
Rigging the System? Permitting Anticompetitive Settlements
The Health Lawyer (with Jeffrey Shinder) (June 2004)
Is 'Trinko' the Last Word on a Telephone Monopolist's Duty to Deal
New York Law Journal (May 19, 2004)
Wal-Mart Decision Illustrates Merchants' New Debit Power
American Banker (February 6, 2004) pg 6.
Do Federal Securities Regulations Trump State Antitrust Law
New York Law Journal (December 11, 2003)
Let's Not Overregulate
National Law Journal (August 18, 2003)
Preliminary Relief is Difficult, But Not Impossible, to Obtain
Los Angeles Daily Journal (August 1, 2003)
Connecticut's Bid to Stop an Oracle/PeopleSoft Deal
New York Law Journal (July 1, 2003)
Local Carriers Charge Regional Bells with Antitrust Violations
Los Angeles Daily Journal (July 24, 2002)
Consolidation Raises Antitrust Issues
Multichannel News (with Jeffrey Shinder) (June 17, 2002)
The Southern Strategy
Legal Times (April 22, 2002)
Smart Antitrust Compliance Programs
The Corporate Board (January/February 2002)
Calling the Shots
Los Angeles Daily Journal (November 14, 2001)
When Can an Action Be Brought to Enjoin a Merger?
Insight (September 2001)
An Expulsion Remedy Provision: A Clear and Straightforward Penalty
Mealey's Cyber Tech & E-Commerce (July 2001)
Antitrust's Role In Overbuilder/Franchise Dealings
Multichannel News (July 30, 2001)
Do Internet Portals Bar The Door To Competition?
New York Law Journal (Monday, March 5, 2001), Outside Counsel, pg.1
Curtailing Monopoly Leveraging In Long Distance Markets
New York Law Journal (Thursday, December 2, 1999), Corporate Update, pg.5
Antitrust Issues Faced by Accountable Care Organizations
Antitrust Class Actions: Lessons From the U.S.
Antitrust and Telecom Presentation
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Merger Review Presentation
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Overview of Antitrust-Intellectual Property Intersect
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