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A Roundtable Discussion of Antitrust Issues, Economics, and Competition in Payments

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On June 13, 2024, Morrison & Foerster Partner Michael Miller participated in a roundtable discussion hosted by NERA and the GW...

On June 13, 2024, Morrison & Foerster Partner Michael Miller participated in a roundtable discussion hosted by NERA and the GW Competition and Innovation Lab. The event brought together leading experts from the competition, business, and legal sectors to explore the evolving landscape of antitrust issues, economics, and competition in the payments industry.The payments sector is undergoing significant changes driven by legal, regulatory, and technological advancements. These developments are reshaping competition dynamics and have broad implications for the industry. The roundtable provided a platform for a robust exchange of ideas on these topics, with participants discussing how the changes might impact competition in payments, and exploring potential solutions and strategies.Other experts who facilitated the discussion include Dr. Alan Grant, Paul Hastings Partner Allyson Baker, Consumer Bankers Association Senior Executive Vice President Kelvin Chen, US House of Representatives Committee on the Judiciary Counsel Gustav Chiarello, Wachtell, Lipton, Rosen & Katz Partner Christina Ma, and Bank Policy Institute Senior Vice President Paige Paridon.<hr>

A Roundtable Discussion of Antitrust Issues, Economics, and Competition in Payments

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Michael Miller has nearly three decades experience helping clients successfully navigate through the most complex litigation and regulatory challenges they face. He regularly represents clients in major antitrust and class action litigation, and in managing antitrust risks presented by complex transactional and other business matters, including strategy and structuring of transactions to overcome potential regulatory hurdles and achieve strategic business objectives.Mike’s practice includes all aspects of complex financial services, antitrust, privacy, and commercial litigation. He also has an active practice representing clients in merger control proceedings in the United States, Europe, and other jurisdictions as part of the multinational merger notification and review process.Mike has considerable experience representing financial services companies in investigations initiated by various antitrust regulators, the Consumer Financial Protection Bureau, the New York Department of Financial Services, and others. Mike has a history of representing companies before the U.S. and EU competition law regulators in the telecommunications, semiconductors, software, network services, pharmaceutical, industrial, financial services, consumer products, chemical, and technology industries.Mike maintains an active pro bono practice, regularly representing New York City public school students seeking special education and other services from the City and State. <h4 dir="ltr">Representative Experience</h4><ul><li>Glenmark Pharmaceuticals (Eastern District of Pennsylvania). Representing Glenmark in a federal antitrust multidistrict litigation alleging price fixing and market allocation of generic drugs by manufacturers of generic drugs.</li><li>In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Eastern District of New York). Representing a major financial institution in federal antitrust class and individual actions alleging that the payment card practices of the defendant card networks and financial institutions constitute an unreasonable restraint of trade and illegal monopolization. This is likely the largest private antitrust case ever brought.</li><li>Copperweld Wiring (Northern District of Alabama and other courts). Representing wire manufacturer in antitrust and false-advertising suit against three major copper wire competitors.</li><li>SoftBank/Sprint/T-Mobile. Represented Sprint and SoftBank before DOJ/FCC and at trial against multiple State Attorneys’ General seeking to block the T-Mobile-Sprint merger as anti-competitive. After a two-week trial, the Court dismissed the case and the merger closed successfully. </li><li>Arm Limited/Softbank. Represented SoftBank Group and Arm Limited on complex antitrust and national security issues arising from NVIDIA’s proposed acquisition of Arm from SoftBank for $65 billion.</li><li>Data Breach and Privacy Matters. Representing a variety of clients in connection with regulatory and litigation issues arising out of data breach events and general data security counseling and compliance.</li><li>FCRA Matters. Representing significant information-service provider in actions around the country alleging violations of the FCRA and related statues and in federal and state regulatory proceedings.</li><li>Southwest Gas Holdings. Obtained antitrust regulatory clearances in connection with Southwest Gas Holdings’ $2 billion acquisition of Questar Pipeline and subsequent sale of certain assets. </li><li>Programmatic Advertising. Represented digital programmatic healthcare advertising firm in lawsuit seeking to block acquisition.</li><li>Alcon Vision (Southern District of New York). Won dismissal of all antitrust claims against a contact lens manufacturer.</li><li>Dale v. T-Mobile, et al. (Northern District of Illinois). Won dismissal of antitrust lawsuit against SoftBank. </li><li>EMV Litigation (Northern District of California). Won dismissal of class action antitrust litigation arising out of the introduction of chip card standards to the US payments sector.</li><li>In re Late Fee and Over-Limit Fee Antitrust Litigation (Northern District of California). Won dismissal of class action challenging late and over-limit fees. Dismissal affirmed on appeal.</li><li>In re Dental Supply Antitrust Litigation (Eastern District of New York). Negotiated resolution of individual and class action antitrust litigation in the dental supplies industry. </li><li>Antitrust and Bank Holding Company Act Litigation (Middle District of Florida). Won dismissal of sprawling antitrust and BHCA litigation on behalf of major financial institution.</li><li>Amadeus IT Group (Southern District of New York). Won dismissal of class action litigation in the travel services industry.</li><li>Overdraft Litigation (Eastern District of Pennsylvania). Represented a major financial institution in successfully resolving class action litigation arising out of overdraft practices.</li><li>Other Merger Clearances. Has obtained merger clearances in the US and EU for clients in the financial services, telecommunications, network services, pharmaceuticals, consumer products, oil and gas, consumer products, chemical, packaging, and metals industries.</li><li>GSE FCRA Litigation (Ninth Circuit, District of Arizona). Won dismissal of FCRA litigation against a large government-sponsored enterprise in the District of Arizona.</li><li>Privacy Litigation (District of Colombia; District of Columbia Superior Court). Won motions to dismiss in two actions that alleged violations of various statutory rights to privacy stemming from customer service practices. Both dismissals affirmed on appeal.</li><li>Richbell Information Services, Inc., et al. v. Jupiter Partners LP, et al. Represented Lord Jacob Rothschild and several publicly traded English investment trusts in the New York Commercial Division in litigation arising out of disputes among shareholders. Resolved successfully for client.</li></ul>

Michael B. Miller

Partner

Fintech

Antitrust Law

A Roundtable Discussion of Antitrust Issues, Economics, and Competition in Payments

13 Jun 2024