Ukrainian Law Blog
Freedom means the supremacy of human rights everywhere
Wednesday, February 21, 2018
Argument preview: Antitrust analysis – do two-sided markets require different rules?
Ohio v. American Express Co.
, which is set for argument on February 26, may simply reinforce the burden-shifting approach that has been developed and applied in civil antitrust cases, or it could announce a particular new approach defining markets and assessing competitive harm in multi-sided platforms and markets.
The case involves two-sided platforms in a modern, technology-enabled network industry – credit cards. In 2010, the United States and 18 states (Hawaii later dropped out, leaving 17 states) sued four firms that operate credit-card platforms, and that directly or indirectly issue credit cards to cardholders and service merchants who accept cards: American Express Co. and American Express Travel Related Services Co., Inc. (Amex), Visa and MasterCard.
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