Justices Question Merchants' Logic In AmEx Antitrust Case

Law360, New York (February 27, 2013, 7:30 PM EST) -- Several U.S. Supreme Court justices on Wednesday expressed skepticism of the notion that American Express Co.'s arbitration agreements with merchants could be invalidated because they made it allegedly economically infeasible for plaintiffs to bring their antitrust claims.

Amid oral arguments over whether the Federal Arbitration Act allows courts to invalidate arbitration agreements because they include class action waivers, some of the justices voiced concerns about the merchants' argument that the agreements should be unenforceable because they keep the retailers from vindicating their statutory rights.

"It's an...
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