DOJ Grilled Over 'Extraordinary' AmEx Antitrust Case

By Melissa Lipman (December 17, 2015, 9:08 PM EST) -- The U.S. Department of Justice faced intense skepticism during oral arguments at the Second Circuit Thursday over its trial victory against American Express in an antitrust challenge to the credit card company's anti-steering merchant rules.

A three-judge panel questioned DOJ attorney Nickolai Levin repeatedly about whether the district court made a mistake both when it decided American Express Co. had market power with a little more than 26 percent of charge volumes and in the way it analyzed the two sides of the credit card market.

In particular, the question of whether U.S. District Judge Nicholas G. Garaufis considered the benefits...

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