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U.S. Supreme Court Signals Less Scrutiny for Businesses in Two-sided Markets

On November 8, 2018 by Schnader

Carl J. Schaerf and Daniel Gross published “U.S. Supreme Court Signals Less Scrutiny for Businesses in Two-sided Markets” in the ACC Docket from the Association of Corporate Counsel.

Schaerf chairs Schnader’s Antitrust and Trade Regulation Practice Group. Gross is a member of the firm’s Litigation Services Department. They wrote with co-author Stephen A. Litchfield, Vice President, Associate General Counsel at Schneider Electric USA, Inc.

“Recently, the US Supreme Court decided Ohio v. American Express in which it upheld an American Express (Amex) contractual provision prohibiting merchants that accept Amex cards from “steering” or incentivizing customers to use competing credit cards at the point of sale. Both the Court’s holding and its rationale should change the way that companies approach certain strategic opportunities regarding vendors, vendees, and other vertically-oriented entities in the supply or distribution chain (as opposed to direct competitors) and advocate for the legality of their decisions if challenged in court.”

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