SCFC ILC, INC., doing business as MountainWest Financial, Inc., Plaintiff-Counter-Defendant-Appellee,
v.
VISA USA, INC., Defendant-Counter-Claimant-Appellant,
v.
SEARS, ROEBUCK AND COMPANY, an Illinois corporation; Sears Consumer Financial Corporation an Illinois corporation, Counterclaim-Defendants-Appellees.
American Bankers Association; Independent Bankers Association of America; Colorado Bankers Association; Community Bankers Association of Kansas; Community Bankers Association of Oklahoma; Independent Bankers of Colorado; Independent Community Bankers of New Mexico; New Mexico Bankers Association; Kansas Bankers Association; Utah Bankers Association; Wyoming Bankers Association; American Automobile Manufacturers Association; Boulder Technology Incubator; Chevron Corporation; Corning Incorporated; Pacific Telesis Group; Plasticom Industries, Inc.; Rmes Communications Inc.; American Financial Services Association; Bankcard Holders of America, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
September 23, 1994.
September 23, 1994.
Attorney(s) appearing for the Case
M. Laurence Popofsky (Stephen V. Bomse, Marie L. Fiala, Renata M. Sos, Robert G. Merritt, Heller, Ehrman, White & McAuliffe, San Francisco, CA, Dale A. Kimball, Clark Waddoups, Heidi E.C. Leithead, Kimball, Parr, Waddoups, Brown & Gee, Salt Lake City, UT, with him on the briefs), Heller, Ehrman, White & McAuliffe, San Francisco, CA, for appellant Visa USA.
William H. Pratt (Francis M. Holozubiec, Jason Klein, Kirkland & Ellis, New York City, James D. Sonda, Jeffrey S. Cashdan, Kirkland & Ellis, Chicago, IL; Kenneth W. Starr, Paul T. Cappuccio, Kirkland & Ellis, Washington, DC; Gary F. Bendinger, Giauque, Crockett & Bendinger, Salt Lake City, UT, with him on the briefs), Kirkland & Ellis, New York City, for appellee Mountain-west.
Robert H. Bork, Washington, DC, on the brief for amicus curiae American Financial Services Ass'n.
A. Douglas Melamed, Randolph D. Moss, Wilmer, Cutler & Pickering, Washington, DC; and Leonard J. Rubin, Bracewell & Patterson, Washington, DC, on the brief for amici curiae American Bankers Ass'n, etc.
E. Thomas Sullivan, Tucson, AZ, on the brief for amicus curiae Bankcard Holders of America.
Phillip Areeda, on the brief for amici curiae American Automobile Mfrs. Ass'n, etc.
Before MOORE and SETH, Circuit Judges, and DAUGHERTY, District Judge.
United States Court of Appeals, Tenth Circuit.
JOHN P. MOORE, Circuit Judge.
Visa USA provides payment services to its 6,000 members which individually issue credit cards to consumers. Sears, Roebuck and Company, a competitor offering its own credit card, the Discover Card, wanted to become a Visa USA member and also issue Visa cards. The question presented by this case is whether Visa USA's refusal to admit Sears to its joint venture restrains trade in violation of section 1 of the Sherman Act, 15 U.S.C. §...
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