Merchants Score In AmEx Antitrust Class Action

Law360, New York (January 30, 2009, 12:00 AM EST) -- The U.S. Court of Appeals for the Second Circuit has reversed a lower court's ruling that the enforceability of a class action waiver provision in a contract between a group of small merchants and American Express Co. was a question for arbitration.

The ruling Friday by the appeals court comes in a massive antitrust class action brought by merchants over the company's requirement that they sign a class action waiver as a condition of accepting AmEx credit and charge cards.

Breaking with an earlier decision by...
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