American Express Company - Amex

Tying arrangements and competition law. Olaechea advised Amex on a query related to the antitrust concept within Peruvian competition law called ‘tying’. This concept refers to when a company cannot tie one service to another. In this sense, Amex was asking our analysis since it was planning to establish a condition to Peruvian banks, stating that the bank could not be an Amex acquirer if it do not also want to be an issuer. Comprehensive analysis to avoid competition problem: Thus, we analysed the law and the particular features of Amex and its position in the Peruvian market in order to determine the risks, benefits, and limitations of imposing this condition on the bank without triggering a competition issue. Leading global services company and world’s largest payment network: Amex is a leading global services company, the most valued financial services brand and the largest payments network in the world. Amex’s foundation dates back to 1850 and today the client processes millions of transactions every day and moves more than USD 1 trillion a year. Latest development: After studying several aspects and particular statements, we gave Amex the legal strategy to continue with its plan to impose such condition on banks in Peru.

Matter value – include currency and amount in figures :

Revenue in 2023: USD 61 billion

Is this a cross-border matter? If yes, please indicate the jurisdictions involved :

No

Lead partner :

Martin Serkovic

Other team members :

Lucía Luna; Ximena Herrán

Other firms advising on the matter and their role(s) :

N/A

Date of completion or current status :

January 2024