The US Supreme Court rules that "anti-steering" clauses are not anti-competitive on the two-sided credit card market (American Express)

“Anti-steering” is the practice by which a credit card company prohibits a merchant from encouraging consumer cardholders to use another credit card company’s card. On June 25, the U.S. Supreme Court issued its highly anticipated decision in Ohio v. American Express Co., [1] which dismissed 5-4 an antitrust suit against American Express Co. (“Amex”) instituted under Section 1 of the Sherman Act by the U.S. Department of Justice and a group of state attorneys general. Specifically, the Court held that the plaintiffs had not carried their burden, in the first step of the three step rule of reason analysis generally applied to vertical restraints, of making a prima facie showing that American Express’s contractual anti-steering provisions result in anticompetitive effects in a properly defined

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  • Hausfeld (New York)

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Irving Scher, The US Supreme Court rules that "anti-steering" clauses are not anti-competitive on the two-sided credit card market (American Express), 25 June 2018, e-Competitions June 2018, Art. N° 96404

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