The Potential Reach Of High Court's AmEx Antitrust Analysis

By Barry Reingold and David Chiappetta (September 4, 2018, 1:01 PM EDT) -- In June, the U.S. Supreme Court by a 5-4 vote held that the anti-steering rules in American Express Co.'s merchant contracts — which barred merchants from encouraging AmEx cardholders to use competing credit cards to pay for purchases — did not violate antitrust laws. The decision rested on the court's analysis of AmEx's role as the provider of a credit card "transaction platform" between cardholders and merchants and its holding that the services provided by AmEx to both sides of the platform comprise a single antitrust market. This article will discuss the majority's "transaction market" analysis and its possible application to other types of two-sided markets....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!