The Legal and Economic Implications of the Supreme Court’s AmEx Decision: What You Should Know
The first half of fiscal year 2018 witnessed an active antitrust enforcement landscape in the U.S. Most notable is the Supreme Court’s pivotal decision on American Express’ (AmEx) antitrust case. Considered as one of the most significant antitrust decisions this year, the verdict is viewed to have profound effects on legal and economic aspects of antitrust enforcement and other upcoming cases.
While it remains unclear how this ruling will affect the antitrust law and regulation in the long run, it is equally important for both businesses and consumers to be aware of the updates and impending changes this may bring.
In a LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant issues, latest insights and developments on antitrust law and regulation in light of the AmEx decision, including:
- The Supreme Court’s AmEX Decision
- Notable Developments
- Risks and Pitfalls
- Compliance Tips
- Other Recent Cases and Court Decisions
- What Lies Ahead
Alan Frankel, President and Founder
Coherent Economics LLC
- The Supreme Court erred from an economic perspective. Steering is part of the fabric of the competitive market economy, and anti-steering rules like Amex’s “Non-Discrimination Provisions” subvert competition. The Court missed an opportunity to facilitate more competitive and efficient payments which would have benefitted the public.
- There will be a period of uncertainty and it will take some time for lower courts and potentially the Supreme Court again to digest the decision and refine how to apply it to other cases and industries.
- Although posed as an issue facing “two-sided” markets, the logic of the decision could extend to the way the antitrust “rule of reason” is applied in “one-sided” markets as well.
- This decision does not immunize anticompetitive conduct. Courts are likely to shift less dramatically than might be suggested by the decision.
- Some “practice tips” will be offered for businesses and antitrust practitioners.
Robert Kneuper, Ph.D., Expert Economist/Expert Consultant
Info Tech, Inc.
1. Despite its stated limitation to only “transaction” platforms, the AMEX decision will potentially have a broad impact on antitrust enforcement in many key U.S. industries which can be characterized as two-sided markets.
2. The AMEX decision raises key challenges and uncertainties regarding economic analysis of anticompetitive effects in two-sided markets.
3. The Supreme Court’s AMEX decision is likely to have the general effect of raising the legal and economic requirements for showing anticompetitive effects in a wide variety of antitrust cases.
Who Should Attend:
- Antitrust Lawyers
- Compliance Officers
- Business Owners
- Business Development Managers
- Business Analysts
- Business Managers
- Business Executives
- Corporate Counsel
- In-house Counsel
- Regulatory and Policy Managers
- Other Related/Interested Professionals
Alan Frankel, founder of Coherent Economics, has analyzed economic issues in antitrust, contract, IP, securities, and other matters since 1985. He is a leading expert on competition issues in payment systems. He has consulted and spoken about payment markets and two-sided market issues in many countries, and served as expert in a U.S. case brought against Visa and Mastercard that resulted in the largest ever antitrust settlement. Dr. Frankel is Adjunct Professor at Loyola University Chicago School of Law, a member of the U.S. Advisory Board at the Institute for Consumer Antitrust Studies, and a Senior Editor of the Antitrust Law Journal.
Alan Frankel, founder of Coherent Economics, has analyzed economic issues in antitrust, contract, IP, securities, and other matters since 1985. …
Dr. Robert Kneuper is an Expert Economist at Info Tech, Inc. and has a Ph.D. in Applied Economics from Clemson University. Dr. Kneuper also serves as an adjunct professor at Charleston Southern University, where he teaches courses in managerial economics and corporate finance. Dr. Kneuper also has taught antitrust economics at Loyola University Chicago School of Law.
Dr. Kneuper spent over 10 years analyzing antitrust matters at the FTC and worked extensively on a variety of antitrust cases while in consulting, including cases involving two-sided markets.
Dr. Kneuper consults on a wide variety of applied economic and applied finance topics such as antitrust, damages, class certification, intellectual property, and regulation. His work spans a wide variety of industries including financial markets, health care, pharmaceuticals, insurance, energy, media, entertainment, transportation, real estate, internet, sports, gaming, aerospace, defense, waste collection, retail and consumer products.
Dr. Robert Kneuper is an Expert Economist at Info Tech, Inc. and has a Ph.D. in Applied Economics from Clemson …
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Method of Presentation:
Basic knowledge of antitrust laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Coherent Economics LLC
The economists and consultants at Coherent Economics have decades of experience and provide their clients with world-class litigation support and expert testimony in legal and regulatory disputes involving complex economic or financial issues. Coherent provides a principled approach to economic consulting, helping clients to evaluate the economic merits of their cases at every stage and providing effective and persuasive expert analysis and testimony.
About Info Tech, Inc.
In 1977, professors, Dr. James T. McClave and Dr. Thomas P. Rothrock developed the first computerized methods for detecting collusive behavior in sealed bid markets through statistical and economic consulting services for the Florida Attorney General. Consequently, Info Tech ® became the pioneer in computerized techniques for detecting fraudulent business behavior in various industries.
The consulting business of Info Tech ® continues to provides expert testimony in the analysis of statistics, economics and econometrics in areas of antitrust, labor and employment discrimination and healthcare fraud among other litigation areas.
Led by President Dr. Jamie Baldwin and founder Dr. James T. McClave, the consulting business of Info Tech ® is nationally known for its unmatched ability to apply the scientific method to generate clear and professional services. Simple graphical depiction and concise explanation of complex concepts makes Info Tech ® Consulting work invaluable to clients.