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Brennan v. Concord EFS, Inc.

Certiorari Denied

Petition for certiorari denied on October 7, 2013.

Docket No.13-63
Op. Below9th Cir.

Issue

Whether a plaintiff who purchases directly from a member of a price-fixing conspiracy is necessarily a "direct purchaser" under Illinois Brick Co. v. Illinois(as the Third and Seventh Circuits have held), or whether instead the plaintiff must show that the conspirators agreed to set the specific price the plaintiff paid and not merely that the conspiracy inflated that price by anticompetitive means (as the Ninth Circuit held below).

Proceedings & orders timeline

May 31, 2013
Application (12A1161) to extend the time to file a petition for a writ of certiorari from June 11, 2013 to July 11, 2013, submitted to Justice Kennedy.
Jun 4, 2013
Application (12A1161) granted by Justice Kennedy extending the time to file until July 11, 2013.
Jul 1, 2013
Application (12A1161) to extend further the time from July 11, 2013 to August 9, 2013, submitted to Justice Kennedy.
Jul 9, 2013
Application (12A1161) denied by Justice Kennedy.
Jul 11, 2013
Petition for a writ of certiorari filed. (Response due August 12, 2013)
Aug 5, 2013
Order extending time to file response to petition to and including August 28, 2013, for all respondents.
Aug 12, 2013
Brief amicus curiae of NACS - National Association of Convenience Stores filed.
Aug 28, 2013
Brief of respondent JPMorgan Chase Bank, N.A., successor-in-interest to Bank One, N.A. in opposition filed.
Sep 10, 2013
Reply of petitioners Pamela Brennan, et al. filed.
Sep 11, 2013
DISTRIBUTED for Conference of September 30, 2013.
Oct 7, 2013
Petition DENIED. Justice Breyer and Justice Alito took no part in the consideration or decision of this petition.

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