On July 12th, the U.S. Court of Appeals for the Ninth Circuit affirmed the entry of summary judgment dismissing antitrust claims filed against various banks. Automated teller machine ("ATM") cardholders allege a horizontal price fixing of fees paid to the ATM owners by the banks issuing the ATM cards to the cardholders when cardholders retrieve cash from an ATM not owned by their bank. Because plaintiffs do not directly pay the allegedly fixed fee, the court found that plaintiffs are indirect purchasers and lack standing. Further, plaintiffs do not qualify for the narrow exceptions to that rule, because they do not allege a conspiracy to fix the price paid by the plaintiffs and the banks are not controlled by each other or by the ATM network. In re: ATM Fee Antitrust Litigation.
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Plaintiffs lack antitrust standing to allege ATM fee price fixing
- Winston & Strawn LLP
- July 16 2012
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Senior Patent Counsel
Royal DSM NV