Compass Lexecon Affiliate Professor B. Douglas Bernheim Testifies Successfully in Amex Antitrust Jury Trial

Two classes of consumers from thirteen states and the District of Columbia alleged that certain terms in Amex’s Non-Discrimination Provisions (NDPs) with merchants violated antitrust and consumer protection laws. Plaintiffs alleged that the NDPs restrained competition and prevented merchants from steering customers toward payment methods with lower transaction fees. Compass Lexecon Senior Consultant Professor B. Douglas Bernheim filed expert reports and testified at trial refuting the antitrust claims. On August 28, 2025, a jury in the US District Court for the Eastern District of New York returned a verdict in favor of Amex on the antitrust issues.

Professor Bernheim worked closely with Peter Barbur, Kevin Orsini, Helam Gebremariam, David Korn, and Rebecca Schindel of Cravath Swaine & Moore LLP, who represented Amex.