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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Wilson Sonsini Goodrich & Rosati (WSGR) is pleased to present its 2017 Antitrust Year in Review.In this report, we summarize the most significant antitrust matters and developments of the past year. We begin with a look at...more
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
Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more
The U.S. Department of Justice's loss to American Express sends a message to health care providers: Steering, tiering, exclusive dealing and other contractual arrangements that appear to suppress competition in one part of...more
On February 18, 2015, American Express lost its court battle with the Department of Justice's Antitrust Division over the card's Non-Discrimination Provisions ("NDPs"), which prohibited merchants from steering customers to...more
After a seven-week bench trial in an enforcement action by the U.S. Department of Justice (DOJ) and 17 state attorneys general, U.S. District Judge Garaufis (Eastern District of New York) held that American Express Co.’s...more