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Antitrust Issues for the Retail Industry


Spot potential anticompetitive conduct and ensure your organization's compliance with law.

In today's competitive retail environment, knowledge and awareness of the antitrust laws and their implications are more important than ever. As competition law evolves in response to technology and a rapidly changing business environment, retail companies must be cognizant of these changes to support and protect their organizations. Whether facing improper conduct by competitors or suppliers, or to protect against scrutiny from regulators or rivals, this shifting legal landscape poses both opportunities and threats for retailers. This topic is designed to provide an overview of key antitrust issues relevant to companies in the retail sector, so that organizations are able spot potential anticompetitive conduct and ensure their organization's compliance with law. Covering topics ranging from pricing and distribution arrangements, including retail price management (or RPM), to exclusionary conduct by dominant rivals and compliance concerns, including how retailers can comply with the Biden Administration's Executive Order on Promoting Competition in the American Economy, this topic will provide retail lawyers with the insights needed to protect their business.



Jeffrey I. Shinder

Jeffrey I. Shinder

Constantine Cannon LLP

  • Managing Partner of Constantine Cannon LLP’s New York office
  • Extensive antitrust litigation experience with expertise in numerous industries including payments systems, technology, and retail, among others
  • Widely recognized antitrust expert; has acted as Special Counsel to the U.S. Federal Trade Commission, serves on the Advisory Board of the American Antitrust Institute, and was selected to the New York Super Lawyers list for 2007 to 2021
  • Has worked on numerous high-profile antitrust cases, including In Re Payment Card In-terchange Fee Litigation, MDL 1720, as lead counsel to 60 of the nation’s largest retail merchants; Regulation II (Debit Card Interchange Fees and Routing), as lead counsel to the Merchants Payments Coalition in proceedings before the Board of Governors of the U.S. Federal Reserve System concerning the regulation of debit interchange; Discover v. Visa/Mastercard as co-lead counsel; in re Visa Check/MasterMoney Antitrust Litigation, as counsel to several major retailers and a certified class of 4 million merchants; among many others
  • Has written extensively on antitrust issues, including as a contributing author to the Fourth Edition of The Antitrust Advisor, a major antitrust hornbook, and in prominent publications, including The American Banker,, Fortune at, the National Law Journal, the New York Law Journal, Competition Law360, Columbia Business Law Review, Antitrust Magazine, among many others
  • Has lectured extensively on antitrust issues and been quoted in prominent outlets regarding antitrust law and retail, including in the Wall Street Journal, New York Times, Bloomberg, and many others
  • Can be contacted at [email protected]
Harrison J. McAvoy

Harrison J. McAvoy

Constantine Cannon LLP

  • Associate in Constantine Cannon LLP’s New York office
  • Has served as counsel in several high-profile antitrust cases, including In Re Payment Card Interchange Fee Litigation and In re Transpacific Passenger Air Transportation Anti-trust Litigation, and has experience through all phases of complex litigation, including trial, class certification, dispositive motion practice, and discovery
  • Has experience litigating cases involving the prosecution and defense of claims under the antitrust laws in a variety of industries, including retail, financial services, transportation, and technology, and involving claims of monopolization, price fixing, group boycott, and bundled discounts
  • Has litigated class action cases and has extensive experience through all phases of expert discovery
  • Has extensive defense-side and compliance experience, and previously served as a law clerk in the United States District Court for the District of New Jersey
  • Can be contacted at [email protected]

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