Brennan v. Concord EFS, Inc.

ORDER

WALKER, Chief Judge.

In this putative class action, -plaintiffs assert that defendants — banks and other entities involved in the processing of withdrawals from automated teller machines (ATMs) in the “Star” ATM network (“Star”) — have engaged in horizontal price fixing declared illegal by section 1 of the Sherman Antitrust Act, 15 USC § 1. Plaintiffs argue that defendants’ conduct is condemned per se; they disclaim any intention of proceeding on a rule of reason theory. Several defendants move to dismiss the complaint (or for judgment on the pleadings) on the ground that Star is a…