Two recent enforcement actions by the U.S. antitrust agencies demonstrate just how risky and costly it can be when companies consummate a transaction, only later to find that their transaction faces a serious merger challenge.
We ask ourselves this question after the 2nd Circuit issued an opinion on Feb. 1, 2012 in In re Am. Express Merchants’ Litigation, No. 06-1871-civ, --- F.3d ----, 2012 WL 284518 (2d Cir. Feb. 1, 2012) (“Amex III”), which reaffirmed its previous ruling that a class action waiver in an...
Since the U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), discussion has heightened regarding the use of class, representative and collective action waivers in conjunction with binding arbitration agreements (“class arbitration waivers”). In many ways, Concepcion is a green light for using such class...