Payments News

Supreme Court to Decide First Antitrust Case in Two Years

Nov 06, 2017
On Oct. 16, the U.S. Supreme Court granted certiorari in United States v. American Express, the court’s first antitrust case of the 2017 term and the first antitrust case they have reviewed since 2015. The American Express case presents complex questions about the legality of anti-steering provisions in agreements between credit card companies and the merchants that agree to accept their cards. It also presents the Supreme Court with an opportunity to provide real guidance for the first time on the application of the rule of reason, which is used to assess the anticompetitive effects of a “contract, combination … or conspiracy in restraint of trade” under the Sherman Act. This case will also be the first antitrust case which antitrust expert Justice Neil Gorsuch will join.

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https://www.law.com/thelegalintelligencer/sites/thelegalintelligencer/2017/11/06/supreme-court-to-decide-first-antitrust-case-in-two-years/?slreturn=20171007052210