No. 15-____ IN THE Supreme Court of the United States VISA INC., ET AL., Petitioners, v. MARY STOUMBOS, ET AL., Respondents. On Petition for a Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit PETITION FOR A WRIT OF CERTIORARI KENNETH A. GALLO ANTHONY J. FRANZE PAUL, WEISS, RIFKIND, Counsel of Record WHARTON & MARK R. MERLEY GARRISON LLP MATTHEW A. EISENSTEIN 2001 K STREET, NW ARNOLD & PORTER LLP WASHINGTON, DC 20006 601 MASSACHUSETTS AVENUE, (202) 223-7300 NW
[email protected] WASHINGTON, DC 20001 (202) 942-5000 Counsel for Petitioners
[email protected] MasterCard Incorporated and MasterCard International Counsel for Petitioners Visa Inc., Incorporated Visa U.S.A. Inc., Visa Interna- tional Service Association, and Plus System, Inc. i QUESTION PRESENTED Whether allegations that members of a business as- sociation agreed to adhere to the association’s rules and possess governance rights in the association, without more, are sufficient to plead the element of conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, as the Court of Appeals held below, or are insufficient, as the Third, Fourth, and Ninth Circuits have held. ii PARTIES TO THE PROCEEDINGS Pursuant to Rule 14.1(b), the following list identi- fies all of the parties appearing here and before the United States Court of Appeals for the D.C. Circuit. The petitioners here and appellees below in both Stoumbos v. Visa Inc., et al., No. 1:11-cv-01882 (D.D.C.) (“Stoumbos”) and National ATM Council, et al.