Ohio v. American Express Co.
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-1454 | Feb 26, 2018 | Jun 25, 2018 | 5-4 | Thomas | OT 2017 |
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 theres 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 21, 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 |
|---|---|
| 03/22/2017 | 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. |
| 03/24/2017 | Application (16A923) granted by Justice Ginsburg extending the time to file until May 5, 2017. |
| 04/20/2017 | Application (16A923) to extend further the time from May 5, 2017 to June 2, 2017, submitted to Justice Ginsburg. |
| 04/24/2017 | Application (16A923) granted by Justice Ginsburg extending the time to file until June 2, 2017. |
| 06/02/2017 | Petition for a writ of certiorari filed. (Response due July 6, 2017) |
| 06/13/2017 | 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. |
| 06/16/2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Texas. |
| 06/19/2017 | Waiver of right of respondent State of Tennessee to respond filed. |
| 06/22/2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent United States. |
| 06/22/2017 | 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. |
| 06/22/2017 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondent State of Arizona. |
| 06/23/2017 | 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. |
| 06/26/2017 | 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. |
| 06/28/2017 | Order extending time to file response to petition to and including August 7, 2017, for all respondents. |
| 07/06/2017 | Order further extending time to file the response of American Express Company, et al. to petition to and including August 21, 2017. |
| 07/06/2017 | Brief amici curiae of Ahold U.S.A., Inc., et al. filed. |
| 07/06/2017 | Brief amici curiae of John M. Connor, et al. filed. |
| 07/06/2017 | Brief amicus curiae of Discover Financial Services filed. |
| 07/06/2017 | Brief amicus curiae of Retail Litigation Center, Inc. filed. |
| 07/06/2017 | Brief amici curiae of Former Federal Antitrust Officials filed. |
| 07/06/2017 | Brief amicus curiae of Southwest Airlines Co. filed. |
| 07/06/2017 | Brief amicus curiae of United States Public Interest Research Group Education Fund, Inc. filed. |
| 07/06/2017 | Brief amici curiae of 25 Professors of Antitrust law filed. |
| 08/07/2017 | Brief of respondent United States in opposition filed. |
| 08/21/2017 | Brief of respondent American Express Company in opposition filed. |
| 09/05/2017 | Reply of petitioner Ohio, et al. filed. (Distributed) |
| 09/06/2017 | DISTRIBUTED for Conference of 9/25/2017. |
| 10/02/2017 | DISTRIBUTED for Conference of 10/6/2017. |
| 10/10/2017 | DISTRIBUTED for Conference of 10/13/2017. |
| 10/16/2017 | Petition GRANTED. |
| 10/24/2017 | Blanket Consent filed by petitioners Ohio, et al. |
| 11/01/2017 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 7, 2017. |
| 11/01/2017 | The time to file respondents' briefs on the merits is extended to and including January 16, 2018. |
| 11/13/2017 | Blanket Consent filed by Respondent, United States |
| 11/21/2017 | Blanket Consent filed by Respondents, American Express Co., et al. |
| 11/21/2017 | Blanket Consent filed by Respondent, State of Missouri |
| 12/07/2017 | Brief of petitioners Ohio, et al. filed. |
| 12/07/2017 | Brief of respondent United States in support of petitioners filed. |
| 12/07/2017 | Joint appendix filed. (Statement of costs filed.) |
| 12/12/2017 | Blanket Consent filed by Respondent, State of Tennessee |
| 12/13/2017 | Blanket Consent filed by Respondent, State of Nebraska |
| 12/14/2017 | 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. |
| 12/14/2017 | Brief amici curiae of American Medical Association and Ohio State Medical Association filed. |
| 12/14/2017 | Brief amici curiae of 20 Merchants as Amici Curiae in Support of Petitioners filed. |
| 12/14/2017 | Brief amicus curiae of Verizon Communications Inc. in support of neither party filed. |
| 12/14/2017 | Brief amicus curiae of The Merchant Advisory Group filed. |
| 12/14/2017 | Brief amicus curiae of American Antitrust Institute filed. |
| 12/14/2017 | Brief amici curiae of John M. Connor, et al. filed. |
| 12/14/2017 | 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. |
| 12/14/2017 | Brief amicus curiae of Open Markets Institute filed. |
| 12/14/2017 | Brief amici curiae of International Air Transport Association and Airlines for America filed. |
| 12/14/2017 | 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. |
| 12/14/2017 | Brief amici curiae of 28 Professors of Antitrust Law filed. |
| 12/14/2017 | Amicus brief of 27 Professors of Antitrust Law not accepted for filing. (December 15, 2017) |
| 12/14/2017 | Brief amicus curiae of Discover Financial Services filed. |
| 12/14/2017 | 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. |
| 12/14/2017 | Brief amicus curiae of The Australian Retailers Association filed. |
| 12/20/2017 | SET FOR ARGUMENT ON Monday, February 26, 2018. |
| 01/05/2018 | CIRCULATED |
| 01/10/2018 | Record requested from the U.S.C.A. 2nd Circuit. |
| 01/16/2018 | Record received from the U.S.C.A. 2nd Circuit is electronic. |
| 01/16/2018 | Brief of respondents American Express Co., et al. filed. (Distributed) |
| 01/17/2018 | Motion for divided argument filed by the Solicitor General. |
| 01/18/2018 | Record received from the U.S.C.A. 2nd Circuit 1 box, this record is Sealed. |
| 01/23/2018 | Brief amici curiae of J. Gregory Sidak and Robert D. Willig filed. (Distributed) |
| 01/23/2018 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed) |
| 01/23/2018 | Brief amicus curiae of Computer & Communications Industry Association filed. (Distributed) |
| 01/23/2018 | Brief amicus curiae of The Australian Taxpayers' Alliance filed. (Distributed) |
| 01/23/2018 | Brief amici curiae of Prof. David S. Evans and Prof. Richard Schmalensee filed. (Distributed) |
| 01/23/2018 | Brief amici curiae of Antitrust Law & Economics Scholars filed. (Distributed) |
| 01/23/2018 | Brief amicus curiae of The Clearing House Association L.L.C. filed. (Distributed) |
| 02/12/2018 | Reply of petitioners Ohio, et al. filed. (Distributed) |
| 02/14/2018 | Record received from the U.S. Dist. Court Eastern Dist. of New York. The record has some Sealed Documents and is electronic. |
| 02/15/2018 | Reply of respondent United States filed. (Distributed) |
| 02/16/2018 | Motion for divided argument filed by the Solicitor General GRANTED. |
| 02/26/2018 | 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. |
| 06/25/2018 | 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. |
| 07/27/2018 | JUDGMENT ISSUED. |
| 08/21/2018 | Record from the U.S.C.A. 2nd Circuit has been returned. |