Case Details

Citation(s)
2018 SLG 2405 2018 SLD 2405 2018 SCMR 1908

Decided on 25-06-2018. Date of hearing: 26-02-2018. (On writ of Certiorari to the United States Court of Appeals for the Second Circuit)
JOHN G. ROBERTS, C.J., ANTHONY M. KENNEDY, RUTH BADER GINSBURG, STEPHEN G. BREYER, SONIA SOTOMAYOR, ELENA KAGAN, SAMUEL ANTHONY ALITO, CLARENCE THOMAS AND NEIL GORSUCH, JJ
Decided on 25//2018. Date of hearing: 26//2018. (On writ of Certiorari to the United States Court of Appeals for the Second Circuit)

OHIO, ET AL

VS

AMERICAN EXPRESS COMPANY, ET AL

Law:

Section:

(a) Competition law--- ----Unreasonable restraint on trade---'Rule of reason'---Principles---Credit card company---'Antisteering provisions' in contracts with merchants---Credit card companies operated a "two-sided platform", providing services to two different groups (cardholders and merchants) who depended on the platform to intermediate between them---Cardholders benefited from holding a card only if that card was accepted by a wide range of merchants, and merchants benefited from accepting a card only if a sufficient number of cardholders used it---Cardholder and the merchant both, ,thus, depended on widespread acceptance of a card-credit card company, which had a significant share of the total credit-card transaction volume in the country (United States), competed with its rivals by using a different business model, which focused on cardholder spending rather than cardholder lending---To encourage cardholder spending, respondent-company provided better rewards than the other credit-card companies, which was only possible by charging merchants higher fees than its rivals---Such higher fees caused friction between respondent-company and merchants---To avoid higher fees, merchants often attempted to dissuade cardholders from using cards of respondent-company at the point of sale - a practice known as "steering"-company placed antisteering provisions in its contracts with merchants to combat this---Plaintiffs sued respondent-company, claiming that its antisteering provisions violated the prohibition on unreasonable restraints of trade [section 1 of the Sherman Antitrust Act, 1890]---District Court agreed, finding that the credit-card market should be treated as two separate markets-one for merchants and one for cardholders-and that respondent-company's antisteering provisions were anticompetitive because they resulted in higher merchant fees---Appellate Court reversed findings of District Court determining that the credit-card market was one market, not two, and that respondent-company's antisteering provisions did not violate the prohibition on unreasonable restraints of trade---[Per Thomas, J (Majority view): Restraints on trade [as under section 1 of the…
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