Merchant “Anti-steering” Suit Against AmEx to Move Forward

Judge Nicholas Garaufis, E.D. N.Y., refused to dismiss suits filed by major drugstore chains challenging the so-called anti-steering rules imposed by American Express to limit merchant conduct that would dissuade customers from using AmEx cards.  Although the court agreed that the entry into the merchant card acceptance agreements triggered the start of the statutory period and that those agreements were entered more than four years ago, the court held that each increase in AmEx’s merchant fees imposed new antitrust injury and thus re-triggered the statute of limitations.

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