S H E A R M A N & S T E R L I N G L L P | 1 0 7
ANTITRUST LITIGATION
On June 25, 2018, the U.S. Supreme Court, in
a 5-4 decision by Justice Thomas, held that
provisions in American Express Company's
contracts with merchants that restricted the
ability of these merchants to steer customers
to other credit or charge cards did not violate
the Sherman Act. Ohio v. American Express
Co., 138 S. Ct. 2274, 2280 (2018). In doing
so, the Court recognized the importance of
examining the effects on an alleged restraint
on both sides of a two-sided platform market.
Continued overleaf
UNITED STATES
SUPREME COURT
ACCEPTS THE
IMPORTANCE
OF TWO-SIDED
MARKETS
ANALYSIS
BY JOHN COVE AND ALEXANDER SANYSHYN
