AmEx Class Waiver Hurts Small Businesses, High Court Hears

Law360, New York (January 29, 2013, 4:59 PM EST) -- A community pharmacists' group urged the U.S. Supreme Court on Monday to uphold a decision that barred American Express Co. from enforcing an arbitration agreement containing a class action waiver, saying such waivers place limits on private businesses looking to enforce antitrust laws.

In an amicus brief, the National Community Pharmacists Association — joined by the National Grocers Association and the National Association of Convenience Stores — told the Supreme Court that, without the ability to mount classwide challenges to anti-competitive behavior from “must have” suppliers...
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