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Ohio v. American Express Co.

Docket No. Op. Below Argument Opinion Vote Author Term
16-1454 2d Cir. TBD TBD TBD TBD OT 2017

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioners in this case.

Issue: Whether, under the “rule of reason,” the government's showing that American Express' anti-steering provisions stifle price competition on the merchant side of the credit-card platform suffices to prove anti-competitive effects and thereby shifts to American Express the burden of establishing any pro-competitive benefits from the provisions.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 22 2017Application (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.
Mar 24 2017Application (16A923) granted by Justice Ginsburg extending the time to file until May 5, 2017.
Apr 20 2017Application (16A923) to extend further the time from May 5, 2017 to June 2, 2017, submitted to Justice Ginsburg.
Apr 24 2017Application (16A923) granted by Justice Ginsburg extending the time to file until June 2, 2017.
Jun 02 2017Petition for a writ of certiorari filed. (Response due July 6, 2017)
Jun 13 2017Consent 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.
Jun 16 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Texas.
Jun 19 2017Waiver of right of respondent State of Tennessee to respond filed.
Jun 22 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent United States.
Jun 22 2017Consent 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.
Jun 22 2017Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondent State of Arizona.
Jun 23 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent State of Nebraska.
Jun 26 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent State of Missouri.
Jun 28 2017Order extending time to file response to petition to and including August 7, 2017, for all respondents.
Jul 06 2017Order further extending time to file the response of American Express Company, et al. to petition to and including August 21, 2017.
Jul 06 2017Brief amici curiae of Ahold U.S.A., Inc., et al. filed.
Jul 06 2017Brief amici curiae of John M. Connor, et al. filed.
Jul 06 2017Brief amicus curiae of Discover Financial Services filed.
Jul 06 2017Brief amicus curiae of Retail Litigation Center, Inc. filed.
Jul 06 2017Brief amici curiae of Former Federal Antitrust Officials filed.
Jul 06 2017Brief amicus curiae of Southwest Airlines Co. filed.
Jul 06 2017Brief amicus curiae of United States Public Interest Research Group Education Fund, Inc. filed.
Jul 06 2017Brief amici curiae of 25 Professors of Antitrust law filed.
Aug 07 2017Brief of respondent United States in opposition filed.
Aug 21 2017Brief of respondent American Express Company in opposition filed.
Sep 05 2017Reply of petitioner Ohio, et al. filed. (Distributed)
Sep 06 2017DISTRIBUTED for Conference of 9/25/2017.
Oct 02 2017DISTRIBUTED for Conference of 10/6/2017.
Oct 10 2017DISTRIBUTED for Conference of 10/13/2017.
Oct 16 2017Petition GRANTED.
Oct 24 2017Blanket Consent filed by petitioners Ohio, et al.
Nov 01 2017The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 7, 2017.
Nov 01 2017The time to file respondents' briefs on the merits is extended to and including January 16, 2018.
Nov 13 2017Blanket Consent filed by Respondent, United States
Nov 21 2017Consent to the filing of amicus briefs received from counsel for American Express Co., et al. submitted.
Nov 21 2017Consent to the filing of amicus briefs received from counsel for State of Missouri submitted.
 
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