American Express’s Non-Discrimination Provisions (NDPs) were put in place to keep its cardholders from being asked to pay with a competitor’s card. Judge Nicolas Garaufis of the U.S. District Court for the Eastern District of New York ruled February 19, 2015, that Amex’s NDPs were anticompetitive and ordered that they be dropped. Amex and the U.S. Department of Justice, which brought the antitrust litigation, were charged with formulating a remedy. They proposed separate solutions. The judge responded by immediately vacating Amex’s NDPs. However, merchants are not yet free to steer car...