Northern District of California Judge Charles Breyer denied plaintiff bank customers’ motion to vacate a judgment, upholding an earlier ruling granting summary judgment for defendants. Plaintiffs lacked standing, the court held, to sue Bank of America and others for conspiring to fix ATM charge fees. Judge Breyer explained that the indirect payers of these fees could not recover damages under Illinois Brick Co. v. Illinois, which holds that only direct purchasers may recover antitrust damages. Judge Breyer also granted the plaintiff’s motion to voluntarily withdraw their injunctive relief claim. That decision rendered the summary judgment a valid final judgment, ripening the case for Ninth Circuit review.