Tuesday, February 27, 2018
Allan Shampine (Compass Lexecon) asks What Is at Stake with Supreme Court Review of United States v. American Express Co.?
ABSTRACT: Over the last few decades there has been a great deal of legislation, litigation, and regulation concerning payment cards in the United States and around the world. 1 Anti-steering or non-discrimination rules imposed by Visa, MasterCard, and American Express have been a prominent, recurring issue in these proceedings. Although the specifics of the rules varied among the payment networks, collectively they prevented merchants from treating customers differently depending on the type, brand, or issuer of credit or debit cards. Merchants could not surcharge a purchaser using a particular high-cost payment card, offer a discount to customers who use a lower cost card, encourage or discourage use of particular cards using other strategies, or even provide information about the costs of different payment methods to their retail customers.