• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

2

Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster

3

Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place

1

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

2

Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster

3

Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place
RetailCredit card fees

American Express Can Bar Merchants From Steering Clients to Cheaper Cards

By
Reuters
Reuters
Down Arrow Button Icon
By
Reuters
Reuters
Down Arrow Button Icon
September 27, 2016, 6:54 AM ET
<h1>Ken Chenault </h1>
<strong>Chairman and CEO, <strong><a href="http://money.cnn.com/quote/quote.html?symb=AXP&amp;source=story_quote_link" title=""></strong>American Express<strong></a></strong> </strong>

--Cultural impact<br />
--Returnee

AmEx is a model for corporations' use of social media, a mandate that comes from Chenault himself.
<h1>Ken Chenault </h1> <strong>Chairman and CEO, <strong><a href="http://money.cnn.com/quote/quote.html?symb=AXP&amp;source=story_quote_link" title=""></strong>American Express<strong></a></strong> </strong> --Cultural impact<br /> --Returnee AmEx is a model for corporations' use of social media, a mandate that comes from Chenault himself. Photograph by Andrew Harrer/Bloomberg via Getty
Add Fortune on Google for similar content.

A federal appeals court on Monday cleared the way for American Express to block merchants that accept its cards from steering customers toward lower-cost cards from other issuers.

The 2nd U.S. Circuit Court of Appeals in New York said a lower court judge in Brooklyn erred in February 2015 in finding that American Express’ “anti-steering” rules violated federal antitrust law.

Underlying the case were the fees that merchants pay to process transactions, which the U.S. government estimated at more than $50 billion a year, and which can be passed along to cardholders in the form of higher prices.

The lower court judge, Nicholas Garaufis, had found that non-discrimination provisions (NDPs) in American Express’ merchant agreements, meant to dissuade customers from using cards from Visa and MasterCard, unreasonably restrained competition.

But the appeals court said Garaufis erred by focusing entirely on the interests of merchants rather than cardholders who might benefit from American Express (AXP) rewards programs and perceived prestige.

“Though merchants may desire lower fees, those fees are necessary to maintaining cardholder satisfaction,” Circuit Judge Richard Wesley wrote for a three-judge panel.

“So long as AmEx’s market share is derived from cardholder satisfaction, there is no reason to intervene and disturb the present functioning of the payment-card industry,” he added.

Shares of American Express, whose largest shareholder is billionaire Warren Buffett’s Berkshire Hathaway, closed down 43 cents, or 0.7%, at $63.42. The shares had been down about 1.4% when the decision was issued.

Freedom to Choose

The decision may help American Express compete for space in customer wallets with Visa (V) and MasterCard (MA), whose cards are more plentiful but whose customers spend less.

It may also help American Express boost revenue as it cuts costs to help offset the loss of lucrative co-branding relationships such as with Costco Wholesale (COST).

Monday’s decision is also a defeat for the U.S. government and 17 states, led by Ohio, that challenged American Express’ anti-steering rules.

Visa and MasterCard settled similar lawsuits in 2011 by agreeing to change their rules.

See also: This Financial Giant Will Challenge Square and OnDeck With Small Business Loans

Mark Abueg, a U.S. Department of Justice spokesman, declined to comment. Kate Hanson, a spokeswoman for Ohio Attorney General Mike DeWine, said they were reviewing the decision.

“American Express earned a major victory today,” Chief Executive Kenneth Chenault told employees in a memo reviewed by Reuters.

“It is unfair to allow merchants who have agreed to honor our cards to then discriminate against American Express and our card members, and it is fundamentally unfair to interfere with consumers’ rights to choose how they want to pay,” he said.

Lawyers for dozens of retailers, such as Target (TGT) and Wal-Mart Stores (WMT), had argued that voiding American Express’ anti-steering rules would encourage competition, and drive prices they pay to card networks lower.

Injunction

In his ruling, Garaufis had said the non-discrimination provisions enabled American Express to wrongfully exploit its 26.4% share of purchase volume in the U.S. credit and charge card market.

The judge later imposed an injunction that also allowed merchants to offer discounts, rebates and other incentives to customers for using other cards with lower fees.

But in December, after American Express said the injunction would cause irreparable harm, the appeals court temporarily lifted it, enabling the company to enforce its rules during the appeal.

Monday’s decision means it can continue doing so.

See also: How American Express Is Getting Killed by MasterCard and Visa—in One Chart

Visa and MasterCard together have about 1.2 billion cards in the United States. American Express had 47 million as of June 30, down about 15% from 55.3 million a year earlier.

The case is U.S. et al v. American Express Co et al, 2nd U.S. Circuit Court of Appeals, No. 15-1672.

About the Author
By Reuters
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Retail

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Retail

I know how Gen Z can survive the ‘jobpocalypse’ because I built an AI company — in 2015
CommentaryCareers
I know how Gen Z can survive the ‘jobpocalypse’ because I built an AI company — in 2015
By Jeremy FainJuly 1, 2026
4 hours ago
mr
Commentary250 Years of Innovation
America needs 3.8 million manufacturing workers. This CEO has a blueprint to find them
By Mark RayfieldJuly 1, 2026
4 hours ago
usa
Commentary250 Years of Innovation
America at 250: why the Constitution was built to restrain government, not celebrate majority rule
By Steve H. HankeJuly 1, 2026
4 hours ago
Nike’s earning numbers exceeded Wall Street’s expectations. But CEO Elliott Hill’s next test is the World Cup
RetailNike
Nike’s earning numbers exceeded Wall Street’s expectations. But CEO Elliott Hill’s next test is the World Cup
By Mia OsmonbekovJune 30, 2026
18 hours ago
Stripe CEO Patrick Collison gestures with his hands as he speaks into a microphone before a congressional committee hearing.
Cryptostablecoins
Stripe, Visa and over 140 other businesses to launch stablecoin to rival Tether and Circle
By Camila Grigera NaónJune 30, 2026
22 hours ago
Should you go to work during a heat wave? Your productivity suffers, and GDP tanks when it’s hot
Environmentclimate change
Should you go to work during a heat wave? Your productivity suffers, and GDP tanks when it’s hot
By Catherina GioinoJune 30, 2026
1 day ago

Most Popular

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
Success
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
By Sydney LakeJune 25, 2026
6 days ago
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
Success
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
By Preston ForeJune 27, 2026
4 days ago
Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place
Success
Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place
By Sydney LakeJune 29, 2026
2 days ago
The U.S. Army is opening military bases to private billions — here's why that changes everything for the next 250 years
Commentary
The U.S. Army is opening military bases to private billions — here's why that changes everything for the next 250 years
By Marc AndersenJune 30, 2026
1 day ago
Current price of oil as of June 30 2026
Personal Finance
Current price of oil as of June 30 2026
By Joseph HostetlerJune 30, 2026
1 day ago
As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
Big Tech
As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
By Marco Quiroz-GutierrezJuly 1, 2026
7 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.