The questions presented in this appeal are whether an arbitration clause that prevents the award of “punitive damages” proscribes antitrust treble damages and whether, if so, the arbitration clause is void as against public policy. We affirm the district court’s decision that statutory treble damages are not equivalent to “punitive damages,” the clause is enforceable, and the parties must arbitrate.
In 1992, Investment Partners entered into a franchise and licensing agreement with Glamour Shots Licensing, Inc. (“GSL”). The licensing agreement permitted Investment Partners to open and operate a “Glamour Shots” store in Biloxi, Mississippi. The licensing agreement required Investment Partners to use the services of Candid Color Systems, Inc. (“CCS”), a wholly owned subsidiary of GSL, for all photo processing needs related to the operation of the “Glamour Shots” franchise.
In October 2000, Investment Partners filed suit against GSL and CCS in federal district court alleging violations of federal antitrust laws. According to Investment Partners, CCS charged exorbitant prices for photo processing pursuant to an illegal tying agreement with GSL. Investment Partners sought compensatory and statutory treble damages for alleged violations of the Clayton Act, 15 U.S.C. § 15.
*316 Appellees moved to compel arbitration, pursuant to 9 U.S.C. § 4, and a provision of the licensing agreement that provides:
29. Arbitration: Any claim, controversy or dispute arising out of or relating to this Agreement or out of [Investment Partners’] operation of the Business shall, except as set forth herein, be settled by arbitration in Oklahoma City, Oklahoma, in accordance with the rules of the American Arbitration Association. This agreement to Arbitrate shall survive the termination of this Agreement. Any arbitration shall be undertaken pursuant to the Federal Arbitration Act ... The arbitrators shall not award punitive damages....
Appellees argued that this provision required arbitration because Investment Partners’ antitrust claims arose out of the licensing agreement. That the clause covers the parties’ dispute is uncontested.
Investment Partners responded, however, that the clause is void because, in prohibiting the award of punitive damages, it prevents the arbitrator from awarding treble damages as required by federal antitrust laws. The district court rejected Investment Partners’ argument, granted the motion to compel arbitration, and dismissed Investment Partners’ suit without prejudice. Investment Partners now appeals.
DISCUSSION
This court reviews an order compelling arbitration
de novo. OPE Int’l L.P. v. Chet Morrison Contractors, Inc.,
Relying primarily on
Larry’s United Super, Inc. v. Werries,
Investment Partners asserts that arbitration is not an adequate substitute for a judicial forum in this case because the arbitration clause in the licensing *317 agreement denies a “statutorily guaranteed right” to treble damages. Because prohibition of punitive damages in the arbitration agreement prevents the arbitrator from awarding statutory treble damages, Investment Partners contends that the arbitration clause is void. This argument is meritless.
In
Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.,
Notwithstanding its important incidental policing function, the treble-damages cause of action conferred on private parties by § 4 of the Clayton Act ... seeks primarily to enable an injured competitor to gain compensation for that injury. “Section 4 is in essence a remedial provision. ... Of course, treble damages also play an important role in penalizing wrongdoers and deterring wrongdoing ... It nevertheless is true that the treble-damages provision, which makes awards available only to injured parties, and measures the awards by a multiple of the injury actually proved, is designed primarily as a remedy.”
Id.
at 635-36,
The Supreme Court has occasionally referred to treble damage remedies or awards as “punitive.”
See Vermont Agency of Natural Resources v. United States ex rel. Stevens,
Investment Partners can vindicate its statutory rights in arbitration pursuant to the terms of its agreement. Although the arbitrator cannot award punitive damages,
1
he may award antitrust treble damages, and the arbitral forum is an adequate substitute for the judicial forum in this case. The district court correctly held that Investment Partners’ arbitration agreement must be enforced.
Gilmer v. Interstate/Johnson Lane Corp.,
CONCLUSION
For the foregoing reasons, we AFFIRM the judgment of the district court.
Notes
. Provisions in arbitration agreements that prohibit punitive damages are generally enforceable.
See, e.g., Mastrobuono v. Shearson Lehman Hutton, Inc.,
