Banks Cleared In Part In ATM Interchange Fee Case

Law360, New York (March 24, 2008, 12:00 AM EDT) -- A federal judge has granted partial summary judgment to the banks and credit unions that belong to First Data Corp.'s ATM network, finding that the interchange fees challenged in class action litigation against them shouldn't automatically be considered anti-competitive under antitrust law.

In his ruling Monday, U.S. District Judge Charles R. Breyer of the Northern District of California wrote that applying the per se rule to the case would be inappropriate because the price-fixing the plaintiffs have challenged isn't the kind of “naked” horizontal restraint that...
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