Profs Tell 2nd Circ. To Save Non-AmEx Retailers' Steering Suit

By Matthew Perlman (August 11, 2020, 9:44 PM EDT) -- A group of antitrust law professors are backing retailers at the Second Circuit that are looking to revive claims that ​​​​American Express' anti-steering rules have increased the costs they incur when accepting other credit cards.

Monday's amicus brief from the professors comes as a group of retailers that do not accept AmEx cards appeals a mid-January decision from U.S. District Judge Nicholas G. Garaufis that dismissed their claims over rules that prevent AmEx merchants from steering customers to cheaper payment methods.

The professors said in their brief on Monday that the case deals with so-called umbrella standing, where an antitrust violator...

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