2nd Circuit Court of Appeals Amex Decision
Defendants‐Appellants American Express Company and American Express Travel Related Services Company, Inc. (collectively, “American Express” or “Amex”) appeal from a decision of the United States District Court for the Eastern District of New York (Garaufis, J.) dated February 19, 2015, finding that
Amex unreasonably restrained trade in violation of § 1 of the Sherman Act, 15 U.S.C. § 1, by entering into agreements containing nondiscriminatory provisions (“NDPs”) barring merchants from (1) offering customers any discounts or nonmonetary incentives to use credit cards less costly for merchants to accept, (2) expressing preferences for any card, or (3) disclosing information about the costs of different cards to merchants who accept them. See United States v. Am. Express Co., 88 F. Supp. 3d 143 (E.D.N.Y. 2015). In addition to holding Amex liable for violating § 1, the District Court permanently enjoined Amex from enforcing its NDPs. See Order Entering Permanent Injunction as to the American Express Defs., United States v. Am. Express Co., No. 10‐cv‐4496 (NGG)(RER), 2015 WL 1966362 (E.D.N.Y. Apr. 30, 2015), ECF No. 683.
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