Diana Uhimov, June 11, 2014. Eastern District Judge Nicholas Garaufis’ decision last month in United States v. American Express held that a plaintiff is not required to establish a defendant’s market power to prove a vertical restraint in violation of Section 1 of the Sherman Act.  A firm with market power has the ability to influence the price of an item by exercising control over its demand, supply, or both.  The U.S. Department of Justice brought this action against American Express, among other credit card companies, disputing their…

Share