Troubleshooting NSA’s Complaint Against Amex

Law360, New York (July 16, 2010, 11:57 AM EDT) -- On June 10, 2010, the National Supermarket Association filed suit, on behalf of its member retailers, against American Express for violations of §§ 1 (contracts that unreasonably restrain trade) and 2 (unlawful maintenance of a monopoly) of the Sherman Act because American Express’ “anti-steering rules ... insulate American Express from any ... price-based competition.” Nat’l Supermarket Ass’n v. American Express Co., Case No. 1:10-cv-04551-WHP (S.D.N.Y. June 10, 2010).

Both claims require that the NSA allege American Express possesses market power in a relevant product market. To...
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