In American Express case, a group of small business merchants brought a class action in court, claiming that American Express is violating antitrust laws with a binding arrangement by using its control power over charge cards to force merchants to take all their credit cards and pay higher fees. The merchants sought to pursue claims against American Express jointly in a class action lawsuit (Olson, 2015). American Express progressed to force the case into individual adjudication with no class action possible. The retailers obtained evidence which showed that the costs of an individual arbitration would have been many times more than the possible maximum amount of damages that each would recover.
The Supreme Court majority held that the
The Supreme Court majority held that the