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American Express Company Message Board

  • mrmeercat mrmeercat Oct 5, 2010 11:38 PM Flag

    The legal danger for AXP

    is a novel legal theory for restraint of trade. If the damage to the market is to non-Amex customers caused by Amex's market power, then it wouldn't fit the typical anti-trust case pattern.

    But it makes you wonder: What if the case is a straight tort? Amex causes damage to non-customers through its actions.

    Or you say that it really is anti-trust, in that Amex coerces the merchant into a collusion that fixes the price of transactions in the merchant's shop above what the merchant would otherwise charge non-Amex customers.

    In short, I think the danger is very real that Amex could lose the case.

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