§4.3 B. Remoteness Challenge Upheld Despite Donnelly Act Amendment

• Jurisdiction: New York

B. Remoteness Challenge Upheld Despite Donnelly Act Amendment

The Supreme Court’s concern with remoteness in Illinois Brick was embraced by one New York court that dismissed a claim under the Donnelly Act despite the amendment providing indirect purchaser standing, holding that the plaintiffs’ injuries were too remote from the defendant’s anticompetitive conduct. In Ho v. Visa, the plaintiffs were shoppers in stores that accepted Visa and MasterCard credit cards.³⁸⁹ The defendant credit card companies allegedly forced retailers to accept their debit...