The US Supreme Court rejects Government antitrust challenge against anti steering provisions of a credit-card network company (American Express)

Supreme Court Rejects Government Antitrust Challenge to American Express Antisteering Provisions* In a long-awaited decision, a closely divided Supreme Court ruled in favor of American Express (“Amex”), ending a highly publicized government challenge that has spanned nearly a decade. Writing for a five-member majority, Justice Thomas rejected the Government’s challenge and concluded that Amex’s contractual “antisteering” provisions do not violate the Sherman Act. The majority held that defining a relevant market was necessary to examining the effects of the vertical arrangement, and determined that the two-sided platform constituted a single relevant market for credit-card transactions, encompassing services offered to both card-accepting merchants and card-using consumers. The Court then

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Authors

  • Weil, Gotshal & Manges (Washington)
  • Weil, Gotshal & Manges (Washington)

Quotation

Natalie Hayes, Carrie C. Mahan, The US Supreme Court rejects Government antitrust challenge against anti steering provisions of a credit-card network company (American Express), 25 June 2018, e-Competitions June 2018, Art. N° 88732

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