Amex sought to compel arbitration, arguing that the arbitration clause in the merchant agreements prohibited class actions and required each merchant to resolve its dispute individually through binding arbitration. The District Court had twice previously upheld the arbitration clause.
The Court concluded that the plaintiffs demonstrated that enforcement of the arbitration clause would force them to incur exorbitant costs in pursuing their antitrust claims individually against Amex and, thus, effectively precluded them from bringing any antitrust actions against Amex.
Ralph T. Wutscher
McGinnis Tessitore Wutscher LLP
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