Published Works | ABA Section of Antitrust Law Trial Practice Committee Newsletter | Spring 2017

Two-Sided Market Analysis Following Amex and Its Application in the SABRE Case

As the use of two-sided platforms and economic intermediaries has grown, antitrust practitioners have been faced with increasingly complex legal questions about how to allocate evidentiary burdens at trial.

The Second Circuit's United States v. American Express (Amex) case provided a legal framework for analyzing two-sided markets and the use of non-discrimination provisions (NDPs), but lower courts are only beginning to apply this framework in other contexts.

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