Pulse Network, LLC. v. Visa, Incorporated

Brief for Amici Curiae Retail Litigation Center, Inc.


  • Court: U.S. Court of Appeals for the Fifth Circuit
  • Issue:  Interchange

Decision Issued:
The 5th Circuit agreed with Pulse that it has standing to sue Visa for its Fixed Acquirer Network Fee and volume-based agreements, which Pulse alleged were used to reduce competition in the debit network market. The suit was launched in 2014 and languished for several years, prompting the 5th Circuit to take the unusual step of reassigning the case to a different judge on remand.

Question Presented:
Whether the multiple practices that Visa adopted following the debit routing requirements of the Durbin Amendment (15 U.S.C. §1693o-2) were anticompetitive and harmed Pulse, which is a competitor of Visa.

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