In 1999, American Express (AE) began requiring customers to sign a waiver for their right to sue the company through a class action lawsuit.

However in 2003, a group of AE customers sued the company on an antitrust charge where AE was inflating credit card fees. AE moved to have the case moved to arbitration, but the plaintiffs argued that AE’s antitrust laws went against New York antitrust law since individual plaintiffs would likely not have the resources to pursue a claim as an individual.

How do you think this case was decided?