Retail Litigation Center Files Amicus Brief in Amex Fee Case
The Retail Litigation Center is once again calling out American Express Co. for its "anti-steering rules" and is asking the U.S. Supreme Court to overturn…
July 12, 2017 at 12:58 PM
3 minute read
The original version of this story was published on Law.com
The Retail Litigation Center is once again calling out American Express Co. for its “anti-steering rules” and is asking the U.S. Supreme Court to overturn an appeal of a lower court decision that allows the credit card company's current practices to stay on the books.
In its July 7 amicus brief in the State of Ohio v. American Express, the retail advocacy group asked the Supreme Court to review and reinstate a New York federal district court's injunction “and the hope it offered of subjecting credit card processing fees to competition.” The decision, in which the lower court found Amex's rules to be anticompetitive, was reversed by a January judgment from the U.S. Court of Appeals for the Second Circuit.
“We're asking the Supreme Court to grant certiorari … It's always a long shot but we want to make sure the Supreme Court can be aware of all of the implications [of Amex's rules],” said Deborah White, general counsel of the Retail Industry Leaders Association and president of its legal arm, the Retail Litigation Center.
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