Ohio v. American Express: The Supreme Court Still Passes the Test

By Abbott B. Lipsky, Jr. – 

In the early 1970’s antitrust was dominated by per se rules; in United States v. Topco Associates (1972) the Supreme Court ridiculed the use of economics. Shortly thereafter, however, the Court shifted ground, making economics the touchstone of antitrust analysis outside the cartel context. Ohio v. American Express carries two reassuring messages for antitrust: first, sound economic analysis remains central to the Court’s antitrust approach. Second, the