Amicus Brief of Antitrust Law & Economics Scholars, Ohio v. American Express
61 Pages Posted: 30 May 2019
Date Written: January 25, 2018
This brief explains amici’s understanding of the relevant economic analysis. It explains why basic economic principles underlying the analysis of multi-sided markets lead to the conclusion that a plaintiff should be required to demonstrate, at a minimum, that: (1) the allegedly unlawful restraint caused anticompetitive effects in the form of actual or probable restricted output market-wide—a showing that logically requires analyzing both sides of a two-sided market; and (2) the defendant had sufficient market power to restrict output in a properly defined market. These two requirements align with sound economics and would also provide clear guidance for courts in applying the rule of reason.
Keywords: Antitrust, ICLE Affiliate Publication
Suggested Citation: Suggested Citation