Ohio v. American Express Co.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-1454 | 2d Cir. | Feb 26, 2018 | Jun 25, 2018 | 5-4 | Thomas | OT 2017 |
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioners in this case.
Holding: American Express’ anti-steering provisions in its merchant contracts—which prohibit merchants from avoiding fees by discouraging customers’ American Express card use at the point of sale—do not violate federal antitrust law.
Judgment: Affirmed, 5-4, in an opinion by Justice Thomas on June 25, 2018. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.
SCOTUSblog Coverage
- Opinion analysis: Divided court defines credit-card networks as single two-sided market, rejecting antitrust challenge to anti-steering provision (Beth Farmer, June 25, 2018)
- A "view" from the courtroom: Wait, wait … there’s more (Mark Walsh, June 25, 2018)
- Argument analysis: Clash over market definition, competitive harms and burden shifting (Beth Farmer, February 27, 2018)
- Argument preview: Antitrust analysis – do two-sided markets require different rules? (Beth Farmer, February 20, 2018)
- OT2017 #14: "Justice for Stormy" (First Mondays, February 19, 2018)
- Court releases February calendar (Amy Howe, December 20, 2017)
- OT2017 #4: "Wind, Diabetes & Voluntary Retirement" (First Mondays, October 30, 2017)
- Court adds four new cases to merits docket (Amy Howe, October 16, 2017)
- Petitions of the day (Aurora Barnes, July 19, 2017)
| Date | Proceedings and Orders |
|---|---|
| Mar 22 2017 | Application (16A923) to extend the time to file a petition for a writ of certiorari from April 5, 2017 to May 5, 2017, submitted to Justice Ginsburg. |
| Mar 24 2017 | Application (16A923) granted by Justice Ginsburg extending the time to file until May 5, 2017. |
| Apr 20 2017 | Application (16A923) to extend further the time from May 5, 2017 to June 2, 2017, submitted to Justice Ginsburg. |
| Apr 24 2017 | Application (16A923) granted by Justice Ginsburg extending the time to file until June 2, 2017. |
| Jun 02 2017 | Petition for a writ of certiorari filed. (Response due July 6, 2017) |
| Jun 13 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for State petitioners Ohio, Connecticut, Idaho, Illinois, Iowa, Maryland, Michigan, Montana, Rhode Island, Utah and Vermont. |
| Jun 16 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Texas. |
| Jun 19 2017 | Waiver of right of respondent State of Tennessee to respond filed. |
| Jun 22 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent United States. |
| Jun 22 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents American Express Company, et al. |
| Jun 22 2017 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondent State of Arizona. |
| Jun 23 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent State of Nebraska. |
| Jun 26 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent State of Missouri. |
| Jun 28 2017 | Order extending time to file response to petition to and including August 7, 2017, for all respondents. |
| Jul 06 2017 | Order further extending time to file the response of American Express Company, et al. to petition to and including August 21, 2017. |
| Jul 06 2017 | Brief amici curiae of Ahold U.S.A., Inc., et al. filed. |
| Jul 06 2017 | Brief amici curiae of John M. Connor, et al. filed. |
| Jul 06 2017 | Brief amicus curiae of Discover Financial Services filed. |
| Jul 06 2017 | Brief amicus curiae of Retail Litigation Center, Inc. filed. |
| Jul 06 2017 | Brief amici curiae of Former Federal Antitrust Officials filed. |
| Jul 06 2017 | Brief amicus curiae of Southwest Airlines Co. filed. |
| Jul 06 2017 | Brief amicus curiae of United States Public Interest Research Group Education Fund, Inc. filed. |
| Jul 06 2017 | Brief amici curiae of 25 Professors of Antitrust law filed. |
| Aug 07 2017 | Brief of respondent United States in opposition filed. |
| Aug 21 2017 | Brief of respondent American Express Company in opposition filed. |
| Sep 05 2017 | Reply of petitioner Ohio, et al. filed. (Distributed) |
| Sep 06 2017 | DISTRIBUTED for Conference of 9/25/2017. |
| Oct 02 2017 | DISTRIBUTED for Conference of 10/6/2017. |
| Oct 10 2017 | DISTRIBUTED for Conference of 10/13/2017. |
| Oct 16 2017 | Petition GRANTED. |
| Oct 24 2017 | Blanket Consent filed by petitioners Ohio, et al. |
| Nov 01 2017 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 7, 2017. |
| Nov 01 2017 | The time to file respondents' briefs on the merits is extended to and including January 16, 2018. |
| Nov 13 2017 | Blanket Consent filed by Respondent, United States |
| Nov 21 2017 | Blanket Consent filed by Respondents, American Express Co., et al. |
| Nov 21 2017 | Blanket Consent filed by Respondent, State of Missouri |
| Dec 07 2017 | Brief of petitioners Ohio, et al. filed. |
| Dec 07 2017 | Brief of respondent United States in support of petitioners filed. |
| Dec 07 2017 | Joint appendix filed. (Statement of costs filed.) |
| Dec 12 2017 | Blanket Consent filed by Respondent, State of Tennessee |
| Dec 13 2017 | Blanket Consent filed by Respondent, State of Nebraska |
| Dec 14 2017 | Brief amici curiae of United States Public Interest Research Group Education Fund, Inc.; Center for Responsible Lending; Consumer Federation of America; Consumers Union; National Association of Consumer Advocates; National Consumer Law Center; Public Citizen, Inc. filed. |
| Dec 14 2017 | Brief amici curiae of American Medical Association and Ohio State Medical Association filed. |
| Dec 14 2017 | Brief amici curiae of 20 Merchants as Amici Curiae in Support of Petitioners filed. |
| Dec 14 2017 | Brief amicus curiae of Verizon Communications Inc. in support of neither party filed. |
| Dec 14 2017 | Brief amicus curiae of The Merchant Advisory Group filed. |
| Dec 14 2017 | Brief amicus curiae of American Antitrust Institute filed. |
| Dec 14 2017 | Brief amici curiae of John M. Connor, et al. filed. |
| Dec 14 2017 | Brief amici curiae of Ahold U.S.A., Inc.; Albertsons LLC; The Great Atlantic and Pacific Tea Company, Inc.; H.E. Butt Grocery Co.; Meijer, Inc.; Publix Super Markets, Inc.; Raley's; Rite Aid Corporation; Safeway, Inc.; Supervalu, Inc.; and Walgreen Co. filed. |
| Dec 14 2017 | Brief amicus curiae of Open Markets Institute filed. |
| Dec 14 2017 | Brief amici curiae of International Air Transport Association and Airlines for America filed. |
| Dec 14 2017 | Brief amici curiae of Wal-Mart Stores, Inc., The Home Depot, Inc., Target Corporation, Sears Holding Management Corporation, Jo-Ann Stores, LLC, and Merchant Trade Associations filed. |
| Dec 14 2017 | Brief amici curiae of 28 Professors of Antitrust Law filed. |
| Dec 14 2017 | Amicus brief of 27 Professors of Antitrust Law not accepted for filing. (December 15, 2017) |
| Dec 14 2017 | Brief amicus curiae of Discover Financial Services filed. |
| Dec 14 2017 | Brief amici curiae of New York, Alaska, California, Delaware, Hawai‘i, Indiana, Kentucky, Maine, Massachusetts, Minnesota, Mississippi, New Mexico, North Carolina, Oregon, Pennsylvania, South Carolina, Washington, Wisconsin, and the District of Columbia filed. |
| Dec 14 2017 | Brief amicus curiae of The Australian Retailers Association filed. |
| Dec 20 2017 | SET FOR ARGUMENT ON Monday, February 26, 2018. |
| Jan 05 2018 | CIRCULATED |
| Jan 10 2018 | Record requested from the U.S.C.A. 2nd Circuit. |
| Jan 16 2018 | Record received from the U.S.C.A. 2nd Circuit is electronic. |
| Jan 16 2018 | Brief of respondents American Express Co., et al. filed. (Distributed) |
| Jan 17 2018 | Motion for divided argument filed by the Solicitor General. |
| Jan 18 2018 | Record received from the U.S.C.A. 2nd Circuit 1 box, this record is Sealed. |
| Jan 23 2018 | Brief amici curiae of J. Gregory Sidak and Robert D. Willig filed. (Distributed) |
| Jan 23 2018 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed) |
| Jan 23 2018 | Brief amicus curiae of Computer & Communications Industry Association filed. (Distributed) |
| Jan 23 2018 | Brief amicus curiae of The Australian Taxpayers' Alliance filed. (Distributed) |
| Jan 23 2018 | Brief amici curiae of Prof. David S. Evans and Prof. Richard Schmalensee filed. (Distributed) |
| Jan 23 2018 | Brief amici curiae of Antitrust Law & Economics Scholars filed. (Distributed) |
| Jan 23 2018 | Brief amicus curiae of The Clearing House Association L.L.C. filed. (Distributed) |
| Feb 12 2018 | Reply of petitioners Ohio, et al. filed. (Distributed) |
| Feb 14 2018 | Record received from the U.S. Dist. Court Eastern Dist. of New York. The record has some Sealed Documents and is electronic. |
| Feb 15 2018 | Reply of respondent United States filed. (Distributed) |
| Feb 16 2018 | Motion for divided argument filed by the Solicitor General GRANTED. |
| Feb 26 2018 | Argued. For petitioners and state respondents in support: Eric E. Murphy, State Solicitor, Columbus, Ohio. For respondent United States in support of petitioners: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Evan R. Chesler, New York, N. Y. |
| Jun 25 2018 | Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Alito, and Gorsuch, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. |
| Jul 27 2018 | JUDGMENT ISSUED. |
| Aug 21 2018 | Record from the U.S.C.A. 2nd Circuit has been returned. |
