AmEx Shows Small Market Shares Carry Antitrust Risks

Law360, New York (February 19, 2015, 7:40 PM EST) -- The U.S. Department of Justice's victory Thursday over American Express Co. in anti-steering rules litigation offers a compelling example of how even companies with relatively low shares of a sector can have market power under federal antitrust law.

After a seven-week trial, U.S. District Judge Nicholas G. Garaufis decided that American Express' rules barring merchants from encouraging consumers from using other credit card brands violate antitrust law. He concluded that despite having only 26.4 percent of the relevant market of credit and charge cards, AmEx still...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.