Ohio v. American Express Co.

Docket No.
Op. Below
Argument
Feb 26, 2018
Opinion
TBD
Vote
TBD
Author
TBD
Term

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 2017Blanket Consent filed by Respondents, American Express Co., et al.
Nov 21 2017Blanket Consent filed by Respondent, State of Missouri
Dec 07 2017Brief of respondent United States in support of petitioners filed.
Dec 07 2017Joint appendix filed.
Dec 07 2017Brief of petitioners Ohio, et al. filed.
Dec 12 2017Blanket Consent filed by Respondent, State of Tennessee
Dec 13 2017Blanket Consent filed by Respondent, State of Nebraska
Dec 14 2017Brief amici curiae of 20 Merchants as Amici Curiae in Support of Petitioners filed.
Dec 14 2017Brief amicus curiae of The Australian Retailers Association filed.
Dec 14 2017Brief amici curiae of Ahold U.S.A., Inc.; Albertsons LLC; The Great Atlantic and Pacific Tea Company, Inc.; H.E. Butt Grocery Co.; Meijer, Inc.; Publix Super Markets, Inc.; Raley's; Rite Aid Corporation; Safeway, Inc.; Supervalu, Inc.; and Walgreen Co. filed.
Dec 14 2017Brief amici curiae of International Air Transport Association and Airlines for America filed.
Dec 14 2017Brief amicus curiae of Discover Financial Services filed.
Dec 14 2017Brief amici curiae of United States Public Interest Research Group Education Fund, Inc.; Center for Responsible Lending; Consumer Federation of America; Consumers Union; National Association of Consumer Advocates; National Consumer Law Center; Public Citizen, Inc. filed.
Dec 14 2017Brief amicus curiae of VERIZON COMMUNICATIONS INC., in support of neither party filed.
Dec 14 2017Brief amici curiae of New York, Alaska, California, Delaware, Hawai‘i, Indiana, Kentucky, Maine, Massachusetts, Minnesota, Mississippi, New Mexico, North Carolina, Oregon, Pennsylvania, South Carolina, Washington, Wisconsin, and the District of Columbia filed.
Dec 14 2017Brief amicus curiae of American Antitrust Institute filed.
Dec 14 2017Brief amici curiae of JOHN M. CONNOR, MARTIN GAYNOR, DANIEL MCFADDEN, ROGER NOLL, JEFFREY M. PERLOFF, JOSEPH A. STIGLITZ, LAWRENCE J. WHITE, AND RALPH A. WINTER filed.
Dec 14 2017Brief amici curiae of Wal-Mart Stores, Inc., The Home Depot, Inc., Target Corporation, Sears Holding Management Corporation, Jo-Ann Stores, LLC, and Merchant Trade Associations filed.
Dec 14 2017Brief amicus curiae of Open Markets Institute filed.
Dec 14 2017Brief amicus curiae of The Merchant Advisory Group filed.
Dec 14 2017Brief amici curiae of American Medical Association and Ohio State Medical Association filed.
Dec 14 2017Amicus brief of 27 Professors of Antitrust Law not accepted for filing. (December 15, 2017)
Dec 14 2017Brief amici curiae of 28 Professors of Antitrust Law filed.
Dec 20 2017SET FOR ARGUMENT ON Monday, February 26, 2018.
Jan 05 2018CIRCULATED
Jan 10 2018Record requested from the U.S.C.A. 2nd Circuit.
Jan 16 2018Brief of American Express Co., et al. submitted.
Jan 17 2018Motion for divided argument filed by respondent United States.
Jan 17 2018Motion of United States for divided argument not accepted for filing. (January 17, 2018)

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