AAI Urges Ninth Circuit to Rehear Illinois Brick Ruling (Brennan v. Concord EFS)

The AAI joined an amicus brief in support of en banc rehearing of a Ninth Circuit decision denying standing under Illinois Brick to ATM cardholders to challenge a conspiracy among banks to inflate ATM interchange fees. The brief argued that the court erred by failing to recognize the rule that the first purchasers outside the alleged conspiracy should have standing under Illinois Brick; otherwise the antitrust conspiracy at issue, and others like it, would entirely escape liability for damages under the Sherman Act.

The brief was written by Jonathan Ross of Susman Godfrey LLP.