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Antitrust matters are rarely isolated within a single state or federal agency or jurisdiction. We represent clients facing multi-dimensional antitrust challenges on the transactional, regulatory and litigation fronts, mobilizing an unmatched combination of courtroom excellence, government experience and legal, economic and academic prowess on our clients’ behalf.

MasterCard Achieves Victory in Consumer Class Action

Paul, Weiss obtained a victory for MasterCard International Incorporated when the New Mexico Court of Appeals unanimously affirmed the dismissal of a complaint brought by a putative class of consumers. Plaintiffs asserted that MasterCard violated the New Mexico Antitrust Act by allegedly "tying" the provision of merchant debit card services to credit card services, and claimed that the alleged "tie" resulted in overcharges on all goods purchased at New Mexico merchants that accept MasterCard.

Relying in part upon decisions secured by Paul, Weiss on behalf of MasterCard dismissing comparable claims in more than one dozen other states, the court held that the consumers lacked standing to assert claims based upon such remote and derivative injuries, and that they were not "indirect purchasers" of the MasterCard's merchant services under New Mexico law.

Leading the team advising MasterCard was litigation partner Kenneth A. Gallo (who argued the appeal) and counsel Gary R. Carney.

Posted on April 27, 2012.

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