States’ Anti-Steering Case Against American Express Is Novel

Competition Cases to Watch for the Rest of 2017
– Law360

Law360 interviewed Manatt’s Lisl Dunlop, co-chair of the firm’s antitrust and competition practice, for an article on the six competition cases to keep an eye on this year.
 
One case to watch concerns American Express Co. and anti-steering rules. As reported by Law360, the Department of Justice decided last month not to appeal a Second Circuit decision siding with American Express over its rules barring merchants from steering customers toward other credit cards, leaving a group of 11 states to go it alone in asking the Supreme Court to review the ruling.
 
With the DOJ’s decision to drop the case coming so soon into the administration of President Donald Trump, there will always be a question of whether the same decision would have been made if there were no change in leadership, said Dunlop. Nevertheless, it should be interesting to see how the states fare, she added.
 
“It’s novel that the states are able to step in and pick up the gauntlet and try to take the case to the Supreme Court,” Dunlop said.