Analysis

What’s At Stake In The AmEx Merchant Rules Case

Law360, New York (October 16, 2017, 10:45 PM EDT) -- The U.S. Supreme Court’s decision Monday to take up a case over American Express Co.’s policy of prohibiting merchants from steering customers to other credit cards gives the high court a rare opportunity to provide clarity on the rule-of-reason.

The justices granted a petition from a group of 11 states alleging these anti-steering provisions in AmEx’s merchant agreements are anti-competitive. A Second Circuit panel handed AmEx a win in the case last year, after using a rule-of-reason analysis to determine that the lower court failed to properly...
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