Kirkland Alert

Supreme Court Decision Expected Soon in Amex "Anti-Steering" Case

On February 26, 2018, the U.S. Supreme Court heard oral argument in the matter of Ohio v. American Express. The issue before the Court was how the “rule of reason” should be applied in a two-sided market like the credit card industry, where companies like American Express simultaneously serve both merchants and cardholders during the course of a transaction.