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Amex Wins Anti-Steering Suit on Appeal

The United States Court of Appeals for the Second Circuit on September 26, 2016 reversed a lower U.S. District Court ruling concerning litigation brought by the U.S. Department of Justice (DOJ) that accused American Express of violating antitrust laws by imposing rules that prohibited merchants from asking Amex cardholders to use credit cards with other brands. The practice is referred to as “steering.” American Express has a provision (Section 3.2) in its Merchant Reference Guide that prohibits steering. Amex calls it a nondiscrimination provision. The Court of Appeals ordered the lower c...

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September 2016
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