Visa, Inc. v. Osborn; Visa, Inc. v. Stoumbos

Case Updates

Together with the Competitive Enterprise Institute, the U.S. Chamber filed an amicus brief in a pair of consolidated Supreme Court merits cases addressing the burden that a plaintiff must meet to plead an antitrust conspiracy claim against members of a business association under Section 1 of the Sherman Act. The Chamber argued that the decision below, which failed to assess whether the challenged rules were the product of concerted action as opposed to lawful collaboration, improperly threatens lawful and pro-competitive business conduct that spurs innovation and economic growth. The brief asked the Court to reaffirm that Section 1 plaintiffs must plead plausible facts that distinguish lawful cooperation from unlawful conspiracies.

Elizabeth P. Papez, Steffen N. Johnson, Eric M. Goldstein, Christopher E. Mills, and Jeffrey S. Wilkerson of Winston & Strawn LLP served as counsel for the amici.