AmEx, Retailers Set Anti-Steering Suit Up For New Appeal

By Bryan Koenig (May 8, 2020, 9:55 PM EDT) -- A group of retailers appears set to ask that the Second Circuit revive its antitrust claims targeting ​​​​American Express' anti-steering rules, after both sides agreed in court filings on Friday that the federal court case is essentially finished.

The retailers made the first move with a brief seeking entry of partial final judgment. AmEx then said in its own brief that it does not oppose final judgment, and thus a pathway to appeal, for the district court's finding. The lower court had found that retailers that don't accept AmEx cards can only assert indirect injury from the contract language banning retailers from...

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