News & Analysis as of

American Express Merchants

Foster Garvey PC

OTA & Travel Distribution Update:  Global distribution systems noted by appeals court as being 'rather backwards'; German...

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This week’s Update features a variety of stories on traditional GDS, metasearch and wholesale channels. Enjoy....more

Sheppard Mullin Richter & Hampton LLP

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

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

Sheppard Mullin Richter & Hampton LLP

AmEx Ruling May Have Big Impact On Health Insurance

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

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

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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

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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

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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

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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

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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

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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

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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

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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

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

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Ohio v. American Express

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

Troutman Pepper

Second Circuit Holds American Express Can Stop Merchants From Steering Customers to Lower-Fee Cards, Competition News Volume 2016,...

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The opinion could provide useful guidance for participants in two-sided markets, like the credit card industry and the health care industry, where separate interests of insurers and patients are often implicated by the same...more

Polsinelli

DOJ-AmEx Case Could Have Ramifications for Health Care Providers

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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

Patterson Belknap Webb & Tyler LLP

Second Circuit Issues Blockbuster Ruling in Amex, Holding Anti-Steering Rules Do Not Violate Antitrust Law

Last week the U.S. Court of Appeals for the Second Circuit issued a major win for American Express in a landmark decision in United States v. American Express Co. In that case the government filed an antitrust suit against...more

Bilzin Sumberg

Second Circuit Sides With AmEx, Reversing Lower Court Victory for DOJ

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The United States Court of Appeals for the Second Circuit, a highly influential appellate court sitting in New York, on September 26 issued a unanimous ruling with major implications for antitrust and unfair competition laws,...more

Mintz

What Have Merchants Gained from Payment Card Antitrust Litigation?

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In recent years, federal antitrust enforcers and businesses that accept payment cards have been waging a slow war against payment card fees and the card network rules that protect them. The payment card industry’s antitrust...more

King & Spalding

PCI Security Standards Council Issues “How-To” Guide For Responding To A Data Breach

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On September 29, 2015, the PCI Security Standards Council (“PCI SSC”) issued a press release and accompanying guidance to businesses for incident response management in the event of a data breach. PCI SSC is a global forum...more

Patterson Belknap Webb & Tyler LLP

American Express Appeals Anti-Steering Permanent Injunction to Second Circuit

Last Thursday, American Express appealed the District Court for the Eastern District of New York’s February ruling that its anti-steering rules violated Section 1 of the Sherman Act. The court entered a permanent injunction...more

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