The United States District Court for the Southern District of New York finds that a series of meetings between two credit card companies related to drafting and implementing arbitration clauses was probative of an antitrust conspiracy (Currency Conversion Fee)

New York Federal Court Holds That Meetings Related To Drafting Arbitration Clauses May Be Probative Of Antitrust Conspiracy Despite Decision Makers’ Lack Of Knowledge* In In re Currency Conversion Fee Antitrust Litig., 2012 WL 401113 (S.D.N.Y. Feb. 8, 2012), Judge William H. Pauley III denied a motion for summary judgment by Defendants Discover and Citigroup after finding that a handful of meetings over four years by Defendants’ in-house counsel related to drafting and implementing arbitration clauses was probative of an antitrust conspiracy. This was despite Plaintiffs’ admitted paucity of evidence, overall weak circumstantial evidence, the absence of discussions of pricing terms, and the lack of knowledge about such meetings by Defendants’ decision-makers. Background Claims and Facts

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Eric S. O'Connor, The United States District Court for the Southern District of New York finds that a series of meetings between two credit card companies related to drafting and implementing arbitration clauses was probative of an antitrust conspiracy (Currency Conversion Fee), 8 February 2012, e-Competitions Bulletin February 2012, Art. N° 66611

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