AmEx, Merchants Spar Over Antitrust Arbitration

Law360 (December 10, 2007, 12:00 AM EST) -- American Express Co. and merchants that sued over its alleged illegal tying and anti-competitive pricing faced off before the Second Circuit on Monday over arbitration clauses in the company's contracts that forbid collective action by some of its merchants.

AmEx has been fending off two antitrust lawsuits for several years over its requirement that merchants that accept corporate AmEx cards also accept all its other consumer credit cards. According to the litigation’s claims, merchants are then forced to accept supracompetitive rates — 2.5% per transaction compared...
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