Much Ado About Amex

By Keith N. Hylton – 

Ohio v. Amex has gained a great deal of attention because of its implications for digital platforms. The decision, though harshly criticized by many commentators, does not presage major changes in antitrust enforcement. Amex is likely to have a limited impact on antitrust law and enforcement. The reason Amex has a limited reach is that it is mostly a response to the plaintiffs’ proof of market power using direct (pricing) evidence. Amex should be understood as