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United States Ninth Circuit


Gerlinger v. Amazon.com Inc., 05-17328

In an antitrust action challenging a marketing agreement between the booksellers Amazon.com and Borders, dismissal of the action is affirmed where plaintiff lacked standing because he did not show that he ever purchased an item for a higher price than he would have paid had there been no marketing agreement, and thus he had suffered no injury-in-fact.

Appellate Information

  • Argued 11/08/2007
  • Decided 05/27/2008
  • Published 05/27/2008

Judges

  • SCHROEDER, Circuit Judge:, Before:  MARY M. SCHROEDER, JAY S. BYBEE, Circuit Judges, and GEORGE H. WU, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Roy A. Katriel, Washington, D.C., for the plaintiff-appellant.

  • For Appellees:
  • Joel Sanders, San Francisco, California, for defendant-appellee Amazon.com., Reginald Steer, San Francisco, California, for defendant-appellee Borders Group.
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