Supreme Court case on credit card, antitrust litigation topic of April 9 talk

April 6, 2018 | Events, News, UToday, Law
By Staff

Eric Murphy, state solicitor of Ohio, recently argued Ohio v. American Express before the Supreme Court of the United States.

He will discuss the case Monday, April 9, at noon in the Law Center McQuade Auditorium.


The pending case could impact the credit-card industry and antitrust litigation. Ohio is leading the petition for appeal that affects 11 states.

The case focuses on “anti-steering” rules set by American Express that prevent merchants from steering customers to competitors’ credit cards with lower transaction fees. A district court in New York held that the rules violated Section 1 of the Sherman Act because they led to higher credit-card prices for merchants, higher retail prices for consumers, and stifled inter-brand price competition.

The U.S. Court of Appeals for the Second Circuit reversed this decision, leading Ohio and 10 other states to seek U.S. Supreme Court review.

Oral arguments were held Feb. 26 with a decision expected by July.

Murphy was appointed state solicitor of Ohio by Attorney General Mike DeWine in 2013. He also manages the Appeals Section of the Ohio Attorney General’s Office. 

He served as a law clerk for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit.

Murphy holds degrees from Miami University and the University of Chicago Law School.

His free, public talk titled “Representing the State in the Supreme Court: Ohio v. American Express” is presented as part of the UT College of Law’s “Day After” Speaker Series that features cases recently argued before the U.S. Supreme Court. Light refreshments will be served.

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