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Dispute Resolution Keyed to Carbonneau, 8th Ed.
American Express Co. v. Italian Colors Restaurant
Citation:
570 U.S. 228 (2013)Facts
Italian Colors Restaurant and other merchants who accept American Express cards brought a class action against American Express for violations of federal antitrust laws. They alleged that American Express used its monopoly power in the charge card market to force merchants to accept credit cards at rates approximately 30% higher than fees for competing credit cards, constituting an illegal tying arrangement in violation of the Sherman Act. The agreement between the parties contained an arbitration clause that prohibited class actions. The merchants submitted evidence that the cost of the expert analysis necessary to prove the antitrust claims would be “at least several hundred thousand dollars, and might exceed $1 million,” while the maximum recovery for an individual plaintiff would be $38,549 when trebled. American Express moved to compel individual arbitration under the FAA. The case proceeded through multiple appeals, with the Second Circuit consistently finding the class-action waiver unenforceable because it would prevent the effective vindication of federal statutory rights.
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