ATM Fee Antitrust Case: Ill. Brick Is Still The Law

Law360, New York (July 30, 2012, 1:47 PM EDT) -- The “Illinois Brick wall” will be a higher hurdle for many antitrust plaintiffs following the Ninth Circuit’s recent decision in In re ATM Fee Antitrust Litigation. The U.S. Supreme Court’s landmark antitrust standing ruling in Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), held that indirect purchasers — those who were not the immediate victims of an antitrust violation but who instead claimed to have paid an overcharge passed on by the direct purchasers — could not bring suit under the Clayton Act.

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