Supreme Court Tackles Two-Sided Platforms

By Elai Katz

The US Supreme Court ruled that courts must consider customers on both sides of credit card transactions—merchants and cardholders—when evaluating antitrust claims, from the outset. In so doing, the court affirmed the US Court of Appeals for the Second Circuit’s rejection of claims that anti-steering provisions in American Express’s merchant agreements violated §1 of the Sherman Act. Ohio v. American Express Co., 138 S.Ct. 2274 (2018).

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