ATM Operators Urge Supreme Court to Uphold D.C. Circuit Decision

posted Oct 19, 2016, 6:45 AM by Jonathan Rubin   [ updated Dec 1, 2016, 7:12 PM by Rubin PLLC ]
WASHINGTON, Oct. 17, 2016 / Rubin PLLC / -- The National ATM Council, Inc. and 13 independent ATM operators represented by Rubin PLLC urged the Supreme Court today to uphold the August, 2015 reinstatement of thier antitrust action agains Visa and MasterCard by the D.C. Circuit court. The district court had dismissed the case on the grounds that the complaints failed to allege a contract in restraint of trade or that they were legally injured, and the circuit court reversed. Visa, MasterCard, and certain of their member banks petitioned the Supreme Court to overturn the decision, and the high Court accepted the case in June of this year.

In today's brief on the merits (available for download, below), the ATM operators urge the Court to either dismiss Visa and MasterCard's petition or affirm the D.C. Circuit's decision reinstating the case. Dismissal is appropriate, the ATM operators argue, because the defendants petitioned the Court to decide whether the complaints adequately alleged an anticompetitive agreement. However, in their briefs on the merits, Visa and MasterCard ask the Court to limit the applicability of Section 1 of the Sherman Act, so that agreements reached in the context of a colloboration or trade association such as Visa or MasterCard would not be covered.

The ATM Operators, represented by Rubin PLLC, the Mogin Law Firm P.C., and Supreme Court specialist, Tom Goldstein, of Goldstein and Russell, P.C., point out that defendants' position would up-end decades of clear antitrust law governing what competitors can and cannot do in the context of a trade association. Oral arguments are expected to be held in December, 2016.

The case is Visa Inc., et al. v. Sam Osborn, et. al, Supreme Court Nos. 15-961 and 15-962.
Rubin PLLC,
Oct 19, 2016, 6:45 AM