Antitrust Column & Publications

Supreme Court Tackles Two-Sided Platforms

Date: 08/20/18

Source: The New York Law Journal. Reprinted with permission.

The U.S. Supreme Court ruled that courts must consider customers on both sides of credit card transactions—merchants and cardholders—when evaluating antitrust claims, from the outset. In so doing, the court affirmed the U.S. Court of Appeals for the Second Circuit’s rejection of claims that anti-steering provisions in American Express’s merchant agreements violated §1 of the Sherman Act. Ohio v. American Express Co., 138 S.Ct. 2274 (2018).

 

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