Supreme Court Holds American Express Antisteering Provisions Don’t Violate Federal Antitrust Law

LexisNexis ( October 3, 2018, 11:50 AM EDT) -- On June 25, 2018, the United States Supreme Court issued its opinion in Ohio v. American Express Co., 138 S. Ct. 2274 (2018). The case involved an antitrust challenge brought by the federal government and several States to “antisteering” provisions in American Express’s merchant contracts. If a merchant wants to participate on American Express’s network it must agree to the antisteering provisions, which prohibit the merchant from discouraging customers (at or near the point of sale) from using an Amex card....