Geoffrey Manne on Ohio v. American Express in the Journal of Antitrust Enforcement
ICLE President and Founder, Geoffrey A. Manne published an analysis of Ohio v. American Express in the Journal of Antitrust Enforcement. This article was written as part of a pair of articles, the other by Tim Wu, in order to examine arguments in favor of the opinion alongside arguments opposed to the opinion.
The ruling has sparked much interest (and controversy) as to its treatment of digital markets and the platform economy. In his commentary, Manne supports the Supreme Court’s decision, and offers insightful analysis of why the decision properly identifies the competitive process of platforms. Tim Wu’s critique, on the other hand, raises concerns as to the treatment of evidence and theory in this case and the legacy of the ruling, which may undermine the efficacy of future antitrust enforcement.