Is The Antitrust Rule Of Reason Reasonable?

Law360 (March 7, 2018, 12:20 PM EST) -- For the first time in over two years, the U.S. Supreme Court is poised to decide an important antitrust case. That case, which pits a group of 11 states against American Express, attacks a central feature of AmEx’s business model: an agreement with merchants accepting its cards that they will not steer retail customers to other cards that charge merchants lower transaction fees.

The case is important for a number of reasons, but most of the commentary surrounding the litigation has focused on just one of them: the standards and analysis to be applied in so-called “two-sided market” cases. A two-sided...

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