The United States Court of Appeals for the Ninth Circuit
dismissed a claim by plaintiffs, ATM cardholders, alleging that
defendants violated the Sherman Act by colluding to artificially
increase network interchange fees, and then pass those fees to
plaintiffs as part of the defendants' foreign ATM fee. Relying
on the seminal holding in Illinois Brick Co. v. Illinois,
the Court held that because plaintiffs were indirect purchasers,
they lacked standing to bring the claim. 431 U.S. 720 (1977). Under
Illinois Brick, indirect purchasers cannot use a pass-on
theory to recover damages. In reaching its decision, the Court
found that none of the Illinois Brick exceptions applied,
which requires co-conspirators to fix the price paid, as plaintiffs
did not allege that defendants fixed the foreign ATM fee.
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