Reyn's Pasta Bella, LLC v. Visa U.S.A., Inc.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS AND STRIKING ALLEGATIONS FROM THE FIRST AMENDED COMPLAINT

INTRODUCTION

Plaintiffs are various merchant, retail and service businesses who bring this action against Defendants, credit card companies Mastercard International, Inc. (“Mastercard”) and Visa U.S.A., Inc. (“Visa”) and credit card issuing banks. Plaintiffs challenge the .internal fee system of Mastercard and Visa as price fixing in violation of section 1 of the Sherman Antitrust Act (“Sherman Act”), 15 U.S.C. § 1 , et seq. Plaintiffs also claim the structure of Mastercard and Visa as a joint venture of member banks violates various provisions of the Clayton Act, 15 U.S.C. § 12 et seq., prohibiting ownership of businesses by banks. 12 U.S.C. §§ 24 , 24a; 15 U.S.C. § 18 . Defendants move pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss each of plaintiffs’ claims. Having carefully reviewed the parties’ papers and considered their arguments and the relevant legal authority, and good cause appearing, the court hereby GRANTS IN PART and DENIES IN PART Defendants’ Motion to Dismiss. The Court further orders that certain allegations be…