Fifth Circuit Remands, Reassigns Antitrust Case Against Visa

Pulse Network, which operates a PIN network for debit cards, sued Visa, Incorporated, for violating three antitrust policies in regard to how it operates its debit network. Pulse alleged that Visa instituted programs that blocked competitors from the marketplace. After four years in district court with little discovery, the judge granted summary judgment for lack of antitrust standing by Pulse. On appeal, the Fifth Circuit Court of Appeals found Pulse has standing on at least one of the claimed violations, and another violation is better fitted for a jury to decide. In an unusual turn, the Fifth Circuit also instructed the district court to assign the case to a different judge based on the expectation the original judge would not be able to put aside his previous views on the case.

Read the full opinion here:


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