Ohio v. American Express: Implications for Non-Transaction Multisided Platforms

By Joshua D. Wright & John M. Yun – 

The Supreme Court’s decision in Ohio v. American Express settled a number of critical issues concerning multisided platforms — including whether each side of a platform constitutes a separate relevant product market. The ruling also addressed whether a prima facie assessment of competitive harm must incorporate the impact to consumers on all sides of a platform. The Court, however, potentially narrowed the scope of its ruling by making an explicit distinction between “transaction” and “non-transaction” platforms. We examine whether this is a meaningful distinction and explain how the Court’s logic applies to non-transaction platforms.

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