GERLINGER v. AMAZON.COM
The Ninth Circuit Court of Appeals today released an opinion in GERLINGER v. AMAZON.COM, No. 05-17328, a federal appeal. The panel consisted of Mary M. Schroeder, Jay S. Bybee, Circuit Judges, and George H. Wu, District Judge.
SCHROEDER, Circuit Judge:
The plaintiff, Gary Gerlinger, like so many of us, purchases books and related items online. He filed this antitrust action to challenge a marketing agreement between Amazon.com Inc., an online bookseller, and Borders Group, Inc., a brickand-mortar bookseller. He appeals the district court’s dismissal for lack of standing. We agree with the district court that the plaintiff lacks standing because he did not show that he ever purchased an item for a higher price than he would have paid had there been no marketing agreement and thus has suffered no injury-in-fact. . . .