In Re Amex: Law, Economics And A Call For Reform

Law360, New York (March 16, 2012, 1:23 PM EDT) -- For antitrust plaintiffs bound by class action waivers, the U.S. Court of Appeals for the Second Circuit's latest opinion in In re American Express Merchants' Litigation (Amex)[1] offers a ray of hope amid recent unfavorable U.S. Supreme Court precedent.

Perhaps more importantly, it also highlights the need to reform the Clayton Act to prevent private antitrust enforcement from becoming an option reserved for the well-heeled.


Amex originally was filed in the Southern District of New York in 2003.[2] Plaintiffs are a putative class of merchants...
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