ATM Fee Antitrust Suit Survives Dismissal Bid

Law360, New York (June 22, 2010, 6:28 PM EDT) -- A federal judge has kept alive a legal challenge to the fixed interchange fees Citibank NA and other banks charge on ATM transactions, granting the dismissal of one of the legal theories consumers used in antitrust litigation while denying the dismissal of another theory.

Judge Charles Breyer of the U.S. District Court for the Northern District of California ruled Monday the single-brand, derivative aftermarket theory brought by consumers should be tossed, while an argument involving all ATM networks combined is both legally cognizable and adequately pled....
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