DOJ Says Market-Power Evidence Not Essential To AmEx Suit

Law360, New York (February 12, 2014, 8:44 PM EST) -- The U.S. Department of Justice said Wednesday that it didn't need to prove that American Express Co. had market power to sustain its antitrust case over the company's merchant discount policies, urging a New York federal judge to deny AmEx's motion for summary judgment.

The DOJ said AmEx couldn’t point to any cases in which proof was provided that a vertical restraint on trade — such as the restrictions the company imposed on merchants who accepted its cards — hurt competition, yet a court found no...
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