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It's not exactly what he said. The fact the they agreed to a contract prohibiting them from using an outside payment method and then willfully violated that contract is a detail that courts may not be so willing to overlook.





Even though the court found that particular provision to be illegal?

Contract law allows you to sign away many rights you would otherwise retain. I'm not sure that a contract provision being found illegal under antitrust law has the effect of it being retroactively considered unconscionable or excuses agreeing to the contract in bad faith.



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