Publications

Litigation Partner Buzz Frahn, Associates Michael Morey and Thomas Cramer, and Summer Associates Lauren Ditty and Lily Cron co-wrote two antitrust articles published on the California Lawyers Association website.

The first article, “Supreme Court Rules That American Express's Two-Sided Market Must Be Assessed As A Whole, Finding That Credit-Card Companies' Anti-Steering Provisions Do Not Violate Sherman Act Section 1,” co-written by Buzz, Thomas and Lily, discusses the impact of a recent Supreme Court ruling on American Express’ practice of using anti-steering provisions. The Court found that the practice is not an “unreasonable restraint on trade” in violation of Section 1 of the Sherman Act and that there is a lack of evidence of anticompetitive effects. The decision places a heavier burden on plaintiffs in Section 1 claims in the context of two-sided markets and may impact both larger and smaller companies in the industry.

The second article, “Ninth Circuit Rules That State-Action Immunity Does Not Protect Seattle's Ridesharing Collective Bargaining Ordinance From Preemption By Section 1 Of The Sherman Act,” co-written by Buzz, Michael and Lauren, discusses the Ninth Circuit reversal of a District Court dismissal of the Chamber of Commerce of the United States of America’s federal antitrust claims against the City of Seattle. The suit arose from a recently enacted Seattle ordinance that allows independent-contractor drivers to collectively bargain with rideshare companies like Uber and Lyft. The Ninth Circuit reversal could potentially impact future state and municipal attempts to unionize independent-contractor drivers in the rideshare industry.

To read the first article, please click here. To read the second article, please click here.