US Says AmEx Class Waiver Curtails Federal Rights

Law360, New York (January 30, 2013, 10:15 PM EST) -- The Federal Trade Commission and U.S. Department of Justice on Tuesday urged the Supreme Court to uphold a decision barring American Express Co. from enforcing an arbitration agreement containing a class action waiver, saying such a provision prevents parties from obtaining relief under federal antitrust laws.

In an amicus brief, the government said private parties' claims can be subject to arbitration only if parties are given a practical opportunity to vindicate their rights under the Sherman Act. The FTC and DOJ, which investigate anti-competitive business practices,...
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