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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 contracts with merchants that restricted the ability of these merchants...
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 contracts with merchants that restricted the ability
of these merchants to steer customers to other credit or charge
cards did not violate the Sherman Act. Ohio v. American
Express Co., 138 S. Ct. 2274, 2280 (2018). In doing so, the
Court recognized the importance of examining the effects on an
alleged restraint on both sides of a two-sided platform market.
This ruling has important implications for antitrust analysis,
not only for the credit card industry, but for other industries
that operate in two-sided, or even multi-sided platform markets
where firms must compete simultaneously for different groups of
customers whose demands are distinct but interrelated.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
