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Supreme Court of the United States › Anti-Steering Rules

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 -
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

Sheppard Mullin Richter & Hampton LLP

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

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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

Hogan Lovells

Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Summer 2018

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Read the latest news on antitrust, competition, and economic regulation in this summer edition of our quarterly ACER newsletter. ...more

Manatt, Phelps & Phillips, LLP

The Supreme Court’s American Express Decision and Healthcare Steering

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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

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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

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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

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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

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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

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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

Robins Kaplan LLP

Your Daily Dose of Financial News

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Milwaukee-based Harley-Davidson announced on Monday that it will shift some of its motorcycle production overseas “to avoid retaliatory tariffs imposed by the European Union” in response to the White House’s trade moves....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Ohio v. American Express

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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

Polsinelli

U.S. Supreme Court Hears Oral Argument over How to Apply the Rule of Reason to Two-Sided Markets in American Express Case

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On February 26, 2018, the United States Supreme Court heard oral argument in Ohio, et. al. v. American Express Company, et. al., No. 16-1454. This case involves allegations that American Express unlawfully restrained trade in...more

BCLP

Supreme Court to Review Antitrust Suit Over AmEx Merchant Rules

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The retail industry should have great interest in a case set to be decided the Supreme Court this term, the outcome of which will affect the terms and conditions of credit card acceptance for all merchants. The Supreme...more

BCLP

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

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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

Manatt, Phelps & Phillips, LLP

Health Update - July 2016

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The Vulnerability of Healthcare Information - According to a report the Brookings Institute issued in May 2016, 23% of all data breaches occur in the healthcare industry. Nearly 90% of healthcare organizations had some...more

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