ATM Case Against Visa & MasterCard Dismissed

In National ATM Council Inc. et al. v. Visa Inc. et al., District of Columbia Judge Amy B. Jackson dismissed consolidated antitrust class actions against Visa and MasterCard alleging that the two card networks conspired restrain ATM fee competition.  The plaintiffs allege that the two networks blocked ATM providers from steering their customers to lower cost payment networks by offering lower rates to customers using non-Visa and non-MasterCard cards.   Dismissing the complaints without prejudice the court explained that they (1) failed to meet the pleading standards for alleging an antitrust conspiracy and (2) hadn’t identified any true antitrust injury to the plaintiffs that was caused by the alleged plot.  “In this case, the complaints bristle with indignation,” Judge Jackson wrote, “but when one strips away the conclusory assertions and the inferences proffered without factual support, there is very little left to consider.”

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