The Supreme Court decision and anti-steering rules

December 20, 2018

In the Australian Journal of Competition and Consumer Law, Christopher Pleatsikas explores the economic arguments in the case of Ohio v. American Express to determine the validity of both arguments and the economic merits of the case. The case involves anti-steering rules that prevented merchants from suggesting to consumers that they use a credit card with lower merchant fees for purchases. Ohio v. American Express was brought to the US Supreme Court during the 2017-2018 term, making it the only major antitrust case decided by The Court during this term. The Court’s decision has potentially broad implications, which may make it more difficult to challenge allegedly anti-competitive conduct.

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