In what circumstances will a plaintiff be able to bring a claim against a bank for alleged anti-competitive practices?

MultiRegion, United States of America

The following excerpt is from Sniado v. Bank Austria Ag, 352 F.3d 73 (2nd Cir. 2003):

In the district court, the parties disagreed on the proper scope of 6a(2), which requires that the effect of the banks' conduct on domestic commerce "give rise[] to a claim" under the relevant antitrust provisions. See 15 U.S.C. 6a(2) (emphasis added). Despite use of the generic term "a claim," the banks argued that plaintiff must allege that their conduct gave rise to his claim. The district court agreed based on Kruman v. Christie's

Page 78

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