Southern District of New York Judge William H. Pauley III denied AmEx’s motion for summary judgment in a case alleging that American Express (1) conspired with banks to increase foreign transaction fees for using the cards to purchase items priced in foreign currencies and (2) imposed improper arbitration clauses in its cardholder contracts. AmEx argued that the complaint failed to allege a conspiracy and that the plaintiffs lacked standing to challenge the arbitration agreements because they were not AmEx cardholders. The court refused to grant summary judgment, holding that evidence that AmEx increased its foreign transaction fees contemporaneously with the banks and that it communicated with the banks were sufficient to support the conspiracy allegation. As to the arbitration clauses, the court held that the cardholders were affected even though they were not AmEx customers because the alleged conduct reduced their marketplace options.