News & Analysis as of

Merchants Sherman Act

White & Case LLP

Current antitrust focus on technology platforms should take into account recent Supreme Court decisions in Pepper and American...

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Technology products are increasingly characterized by their ability to facilitate interconnectedness. More and more, tech innovators find themselves subject to increasing scrutiny under global competition laws when they...more

White & Case LLP

Consumer financial services: The road ahead: Payment processing

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The CFPB continued to be active in the consumer payments space in 2018, while the Federal Reserve and market participants considered the future of payment processing, including the development of faster payment systems....more

Davis Wright Tremaine LLP

Visa and Mastercard Obtain Preliminary Approval of Second Attempt at Interchange Settlement

On January 24, 2019, Judge Margo K. Brodie of the U.S. District Court for the Eastern District of New York granted preliminary approval of Visa and Mastercard’s second attempt to settle the 13-year old antitrust litigation...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

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

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

Troutman Pepper

When Classes Collide: Court Rejects $7.25 Billion Visa/MasterCard Settlement, Competition News Volume 2016, Issue 1

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The Second Circuit’s decision highlights that, whenever there are groups of plaintiffs that will obtain different categories of relief as a part of a settlement, both plaintiffs and defense counsel should seriously consider...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

Mintz

What Have Merchants Gained from Payment Card Antitrust Litigation?

Mintz on

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

Carlton Fields

Declined: Second Circuit Panel Shreds Visa and MasterCard Antitrust Settlement

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A Second Circuit panel rejected the settlement reached between defendants Visa, MasterCard, and various banks, and plaintiffs, approximately 12 million merchants who alleged the principally identical network rules of Visa and...more

Patterson Belknap Webb & Tyler LLP

Ninth Circuit Clarifies Analysis of Alleged Hub-and-Spoke Conspiracies Under the Sherman Act

Yesterday, the Ninth Circuit issued an opinion affirming the dismissal of plaintiffs’ consolidated complaint in In re Musical Instruments and Equipment Antitrust Litigation. In addressing plaintiffs’ allegations of a...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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