This case involves a putative class action filed in federal court in New York in 2015 by Spencer Meyer against Travis Kalanick, the founder of Uber Technologies, Inc., alleging that Kalanick "orchestrated and participated in an antitrust conspiracy arising from the algorithm that [Uber] uses to set prices." Kalanick did not move to compel arbitration at the outset based on Uber's arbitration clause, but instead filed a motion to dismiss, which was denied, as well as a motion to reconsider the court's determination that plaintiff could seek to proceed via class action, which was also denied. Uber then moved successfully to intervene, and moved to compel arbitration, to which Kalanick joined.
The New York federal court denied the motion to compel arbitration, finding that during Uber's registration/contract formation process, the parties had not actually formed an enforceable agreement, and thus the plaintiff did not agree to arbitrate his claims.
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