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No. 16-1454October Term 2017Decided Jun 25, 2018

Docket 16-1454October Term 2017 (2017–2018)

Ohio v. American Express Co.

This case is about whether American Express violated federal antitrust law by using contract terms that stopped merchants from steering customers to cheaper credit cards.

Case status

Current stage
Decided
Latest event
Decision released Jun 25, 2018
Case Accepted
Arguments
Decision ReleasedJun 25, 2018
What it's about

This case is about whether American Express violated federal antitrust law by using contract terms that stopped merchants from steering customers to cheaper credit cards. The dispute turned on how courts should apply the Sherman Act’s "rule of reason" to a two-sided credit-card platform that serves both merchants and cardholders.

Question presented

Under the "rule of reason," did the Government's showing that Amex's anti-steering provisions stifled price competition on the merchant side of the credit- card platform suffice to prove anticompetitive effects and thereby shift to Amex the burden of establishing any procompetitive benefits from the provisions?

Case path

United States Court of Appeals for the Second Circuit / Decision released Jun 25, 2018

Area

Decided Supreme Court case

Timing

Decided June 25, 2018

The Court released its decision on June 25, 2018 without hearing oral argument.

Grounding

Grounding
Primary-source trail available.
Note
Plain-English explainer. Official filings and opinions remain authoritative.
Checked
Jul 3, 2026
Primary materials5