WASHINGTON – A federal judge yesterday dismissed a price-fixing suit against Visa and MasterCard brought by the National ATM Council, a group of independent ATM operators.

U.S. District Judge Amy Berman Jackson said the plaintiffs failed to present enough facts to show they were injured, or that there was an actual agreement or conspiracy to charge excessive fees. “Plaintiffs have not set forth sufficient facts to support their claim that there was a horizontal conspiracy,” Jackson wrote in her opinion. “Notably absent from each of the complaints are facts showing the existence of an agreement, the essential element of any conspiracy.”

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