Legal Opinion
Gerlinger v. Amazon. Com, Inc.
Court of Appeals for the Ninth Circuit
Decided May 27, 2008No. 05-17328PublishedCited by 42 opinions
1Opinion of the Court
SCHROEDER, Circuit Judge:
The plaintiff, Gary Gerlinger, like so many of us, purchases books and related items online. He filed this antitrust action to challenge a marketing agreement between Amazon.com Inc., an online bookseller, and Borders Group, Inc., a brick-and-mortar bookseller. He appeals the district court’s dismissal for lack of standing. We agree with the district court that the plaintiff lacks standing because he did not show that he ever purchased an item for a higher price than he would have paid had there been no marketing agreement and thus has suffered no injury-in-fact.
The…
2Cases cited8 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Allen v. WrightSupreme Court of the United States · 1984
- Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
- Amarel v. ConnellCourt of Appeals for the Ninth Circuit · 1996
- American Ad Management, Inc. v. General Telephone Company Of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
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3Cited by42 opinions
- Stacie Somers v. Apple, Inc.Court of Appeals for the Ninth Circuit · 2013
- TrafficSchool.com, Inc. v. Edriver Inc.Court of Appeals for the Ninth Circuit · 2011
- Sullivan v. DB Investments, Inc.Court of Appeals for the Third Circuit · 2011
- Ethypharm S.A. France v. Abbott LaboratoriesCourt of Appeals for the Third Circuit · 2013
- Washington Environmental Counc v. Theodore SturdevantCourt of Appeals for the Ninth Circuit · 2013
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