US Ninth Circuit affirms dismissal of antitrust action by atm cardholders due to lack of standing (ATM Fee Antitrust Litigation)

The Ninth Circuit recently affirmed the decision of the United States District Court for the Northern District of California and held that automated teller machine (“ATM”) cardholders lacked standing to bring an antitrust class action against banks and former and current corporate owner-operators of the ATM network for horizontal price fixing of certain fees paid when cardholders retrieved cash from ATMs not owned by their banks. In re ATM Fee Antitrust Litigation, 686 F.3d 741 (9th Cir. 2012). The Ninth Circuit agreed with the district court that the cardholders were indirect purchasers and that therefore the Supreme Court decision of Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), barred the suit because the cardholders’ banks directly paid the fees at issue (which were then

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Caroline Pignatelli, Thomas J. Hall, US Ninth Circuit affirms dismissal of antitrust action by atm cardholders due to lack of standing (ATM Fee Antitrust Litigation), 12 June 2012, e-Competitions Bulletin US Private Enforcement, Art. N° 56946

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