Class Action Waivers of Antitrust Claims After 'Concepcion'

, New York Law Journal


In his Antitrust Trade and Practice column, Neal R. Stoll writes: In light of the Second Circuit's February decision in 'In re American Express Merchants' Litigation,' it remains uncertain how broadly 'AT&T Mobility LLC v. Concepcion' will be applied and, accordingly, whether arbitration costs like those in 'American Express' will be sufficient to invalidate class action waivers where the issue does not concern preemption of a state law but instead deals with the plaintiffs' ability to vindicate their federal statutory rights.

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