Legal Opinion

In Re Atm Fee Antitrust Litigation

District Court, N.D. California

Decided September 4, 2009No. C 04-02676 CRBPublishedCited by 3 opinions

1Opinion of the Court

ORDER

CHARLES R. BREYER, District Judge.

With this antitrust action, filed over five years ago, Plaintiffs challenge the legitima cy of the fixed interchange fees in the Star ATM network. This case has slowly wound its way through several Judges and multiple rounds of dispositive motions. In the Court’s most recent order addressing Defendants’ motion for summary judgment, the Court held that the per se rule is inapplicable to Plaintiffs’ claim. Plaintiffs then filed their Second Amended Complaint (“SAC”) which purports to allege an antitrust violation that may be sustained under the rule of…

2Cases cited35 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Eastman Kodak Co. v. Image Technical Services, Inc.Supreme Court of the United States · 1992
  4. Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
  5. Newcal Industries, Inc. v. IKON Office SolutionCourt of Appeals for the Ninth Circuit · 2008

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3Cited by3 opinions

  1. Pamela Brennan v. Concord Efs, Inc.Court of Appeals for the Ninth Circuit · 2012
  2. Sykes v. Health Network Sols., Inc.North Carolina Business Court · 2017
  3. ThermoLife International LLC v. Neogenis Labs IncorporatedDistrict Court, D. Arizona · 2020

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