News & Analysis as of

Supreme Court of the United States › American Express

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Sheppard Mullin Richter & Hampton LLP

U.S. Department of Justice Settles Anti-Steering Suit Against Hospital System; First Such Settlement After Amex SCOTUS Decision

Sheppard Mullin Richter & Hampton LLP on

On November 15, 2018, the Antitrust Division of the U.S. Department of Justice settled a two-and-a-half year long lawsuit against Atrium Health, a North Carolina hospital system formerly known as the Carolinas HealthCare...more

Manatt, Phelps & Phillips, LLP

The Supreme Court’s American Express Decision and Healthcare Steering

Manatt, Phelps & Phillips, LLP on

On June 25, 2018, the Supreme Court held that American Express Co.’s “non-discrimination” rules that prevented merchants from steering customers to other credit card brands do not violate the federal antitrust laws....more

Sheppard Mullin Richter & Hampton LLP

AmEx Ruling May Have Big Impact On Health Insurance

Sheppard Mullin Richter & Hampton LLP on

The U.S. Supreme Court has decided its first antitrust case in almost three years, establishing a new rule that in the two-sided credit card network market, a plaintiff must analyze both the merchant services side and the...more

Davis Wright Tremaine LLP

U.S. Supreme Court Sides with Amex in Landmark Card Case

Davis Wright Tremaine LLP on

A divided U.S. Supreme Court sided with American Express Company and American Express Travel Related Services Company (Amex) over Ohio, sixteen other states and the United States based on the Court’s application of the theory...more

BakerHostetler

Ohio v. American Express: The Supreme Court Credits American Express’s Anti-Steering Provisions

BakerHostetler on

In a 5-4 decision in Ohio v. American Express, the Supreme Court affirmed that the anti-steering provisions of American Express’s merchant agreement do not violate Section 1 of the Sherman Act....more

Stoel Rives LLP

Supreme Court Delivers a Win to American Express in Antitrust Fight over Anti-Steering Rules

Stoel Rives LLP on

The Supreme Court delivered a big win to American Express last week, finding that the anti-steering rules AmEx imposes on merchants do not violate the federal Sherman Act....more

BCLP

Supreme Court Holds American Express’s Antisteering Rules Don’t Violate Antitrust Laws

BCLP on

On June 25, 2018 the Supreme Court ruled, in a 5-4 decision, that American Express’s antisteering rules do not violate federal antitrust laws. In reaching this conclusion the Court determined that, for two-sided markets like...more

Dechert LLP

Supreme Court Rules on Two-Sided Platforms Antitrust Case

Dechert LLP on

In Ohio v. American Express Co., the United States Supreme Court held that American Express Co. (Amex) did not violate Section 1 of the Sherman Antitrust Act by including “antisteering” provisions in its agreements with...more

Alston & Bird

U.S. Supreme Court Creates Framework for Analyzing Antitrust Claims for Two-Sided Markets

Alston & Bird on

The Supreme Court steered its way through high-profile antitrust litigation by the Department of Justice challenging payment industry restrictions. Our Antitrust and Financial Services & Products teams consider the wider...more

A&O Shearman

United States Supreme Court Upholds Rejection of the Government’s Antitrust Challenge to American Express’s Merchant Contracts

A&O Shearman on

On June 25, 2018, the U.S. Supreme Court, in a 5-4 decision by Justice Thomas, held that provisions in American Express Company’s (“American Express”) and its operating subsidiary’s contracts with merchants that restricted...more

Hogan Lovells

American Express and two-sided antitrust markets: Coming to a network near you

Hogan Lovells on

On 25 June the U.S. Supreme Court ruled in Ohio v. American Express that American Express (Amex) did not violate the federal antitrust laws by directing merchants not to "steer" cardholders to alternative credit cards as a...more

Troutman Pepper

Amex Antisteering Provisions Upheld as Legal by Supreme Court

Troutman Pepper on

On June 25, the U.S. Supreme Court ruled that American Express’s contractual “antisteering provisions” did not violate section 1 of the Sherman Act....more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Tackles Two-Sided Markets: Ohio v. American Express

Wilson Sonsini Goodrich & Rosati on

In one of the year's most anticipated antitrust decisions, Ohio et al. v American Express Co., the U.S. Supreme Court has ruled that courts considering allegations of anticompetitive behavior by companies that operate...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Holds American Express Rule Is Not an Antitrust Violation

Skadden, Arps, Slate, Meagher & Flom LLP on

On June 25, 2018, in Ohio v. American Express Co., the U.S. Supreme Court affirmed the decision of the U.S. Court of Appeals for the Second Circuit and held that American Express’ “anti-steering rules”...more

Dorsey & Whitney LLP

The Supreme Court - June 25, 2018

Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: Ohio v. American Express Co., No 16-1454: American Express (Amex), like all credit-card companies, operates a transaction network that serves two groups:...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Ohio v. American Express

Faegre Drinker Biddle & Reath LLP on

On June 25, 2018, the United States Supreme Court decided Ohio v. American Express, No. 16-1454, holding that American Express’s antisteering rules, which prevent merchants from discouraging customers’ use of Amex cards to...more

A&O Shearman

The Winding Road to the Supreme Court: United States v. American Express Co.

A&O Shearman on

Last year’s Antitrust Annual Report described American Express’ sweeping victory over the Department of Justice (DOJ) and 17 state Attorneys General (AGs) in the Second Circuit pertaining to its use of Non-Discrimination...more

BCLP

Supreme Court to Take Up Rule of Reason Analysis in Two-sided Markets Antitrust Case

BCLP on

On Monday, October 17, the Supreme Court granted certiorari to review the Second Circuit’s decision in Ohio v. American Express, suggesting that the Court may be ready to shed additional light on the “rule of reason” test...more

Polsinelli

The Beginning of the End for Class Action Litigation? Why Justice Scalia and the Current Supreme Court Are Good for Business

Polsinelli on

In American Express Co. v. Italian Colors Restaurant, the Supreme Court confirmed what it had only hinted at two years earlier in AT&T Mobility, LLC v. Concepcion. In a holding authored by Justice Scalia, the Court made plain...more

Mintz - Employment, Labor & Benefits...

Is a FLSA Collective Action Waiver by Itself in a Severance Agreement Enforceable? Sixth Circuit Says “No.”

Mintz - Employment, Labor & Benefits... on

Employers have recently enjoyed some victories in the U.S. Supreme Court and in the California Supreme Court regarding the use of class/collective action waivers in employment arbitration agreements (e.g. Italian Colors and...more

Spilman Thomas & Battle, PLLC

Recent Decisions Enforcing Arbitration Provisions

Spilman Thomas & Battle, PLLC on

For banking executives and in-house counsel, arbitration can be a preferable alternative to litigation to avoid costly trials and home-town advantages. In this article, we highlight four recent court decisions that affect the...more

Sheppard Mullin Richter & Hampton LLP

The Contract Is King: The U.S. Supreme Court’s Two Recent FAA Decisions

Sheppard Mullin Richter & Hampton LLP on

The U.S. Supreme Court addressed contract terms bearing on the availability of class arbitration in two opinions this term. The first, Oxford Health Plans LLC v. Sutter, confirms a district court’s limited power under the...more

Orrick - Employment Law and Litigation

A Welcome ‘Waive’ of Second Circuit Cases: Class Action Waivers Deemed Enforceable

Orrick - Employment Law and Litigation on

For the better part of the last decade, the Second Circuit routinely and consistently struck down class action waivers in arbitration provisions....more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Holds That The Fair Labor Standards Act Does Not Bar The Enforcement of Class Action Waivers

Sheppard Mullin Richter & Hampton LLP on

Over the past week, the United States Court of Appeals for the Second Circuit (“Second Circuit”) has issued two decisions in which it affirmatively held that: (i) a plaintiff cannot use the “effective vindication doctrine” to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Should Reassess Strategy in Light of New Rulings from the Supreme Court

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Supreme Court of the United States recently issued two landmark rulings affecting the viability of arbitration as an alternative to costly litigation....more

67 Results
 / 
View per page
Page: of 3
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide