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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 was a major antitrust case about credit-card platform rules, but the record here does not provide the vote or enough detail to describe the Court's merits outcome more specifically.

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

Briefing

What it's about

The Supreme Court issued a decision in a fight over whether American Express used anti-steering contract terms to block price competition among credit cards. The case asked how courts should apply the Sherman Act's "rule of reason" to a two-sided credit-card platform serving merchants and cardholders.

Impact

The case affects how hard it is for governments and businesses to challenge restrictions used by platform companies. For example, a store that wants to steer shoppers to a lower-fee card could face a tougher or easier antitrust test depending on the Court's approach.

What's next

The Supreme Court has finished this docket action. Lower courts, merchants, and antitrust enforcers now have to work with the decision in similar future cases.

What was the main fight in Ohio v. American Express Co.?

The case asked whether proof that Amex's rules reduced merchant-side price competition was enough to show unlawful harm under antitrust law.

Why could this case matter to merchants and shoppers?

It affects whether stores can challenge card-network rules that limit steering customers to lower-fee cards. That can shape merchant costs and consumer prices.

What happens after the Supreme Court's June 2018 decision?

The Supreme Court's work in this case is over. Lower courts and antitrust enforcers must apply the decision in future disputes involving similar platform rules.

Decision

Decision record

What the Court decided

This was a major antitrust case about credit-card platform rules, but the record here does not provide the vote or enough detail to describe the Court's merits outcome more specifically.

Impact

The case affects how hard it is for governments and businesses to challenge restrictions used by platform companies. For example, a store that wants to steer shoppers to a lower-fee card could face a tougher or easier antitrust test depending on the Court's approach.

Not official Court text.

Opinion documents