Court: U.S. Court of Appeals for the Second Circuit
The RLC led a brief urging the Second Circuit to grant the government’s petition for rehearing en banc and to enjoin Amex from enforcing its anti-steering rules. Absent those rules, retailers could use competitive tactics, such as steering charge volume at the register to networks that offer lower prices. If the Second Circuit’s panel decision is allowed to stand, then the supra-competitive prices that Amex charges to merchants will drive up prices to consumers.
The petition for rehearing was denied.
Procedural History and Case Documents: