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Law360 Quotes Jonathan Lewis on Supreme Court Antitrust Ruling

July 18, 2018

Law360 quoted Washington, D.C., partner Jonathan Lewis in a July 12 analysis of a U.S. Supreme Court ruling in Ohio v. American Express Co. that held that anti-steering provisions in American Express’ merchant contracts don’t violate federal antitrust law.

In the closely watched case, many antitrust experts expected the Supreme Court to offer guidance on the application of “rule of reason” analysis to so-called “vertical restraints” — restrictions in agreements between firms at different levels of the production and distribution. But the court may have instead narrowed the path forward for plaintiffs seeking to challenge such restraints. As Lewis put it, the Supreme Court’s ruling is “another arrow in the quiver for defendants” and it “bolster[s] the whole idea that you need to define markets.”

“The broader application of this for rule of reason analysis is clearly there, and it's something that plaintiffs and defendants will be arguing about as time goes on,” he said.

Lewis is a member of Law360’s Competition Editorial Advisory Board.