Independent sales organizations which deploy ATMs, most often inretail and entertainment venues, have become the latest group tofile an objection to a proposed settlement in an interchange case between large creditcard deployers and the card brands and retailers.

The NationalATM Council, the trade association for the ISOs, filed theobjection to the proposed settlement on the grounds that itslanguage would appear to include ISOs in the settlement and becausethe ISOs are pursuing their own case against the card brands.

As the basis for its objection, the NAC stated that the proposedsettlement was sufficiently vague to be improperly read toencompass the interests of the nation's independent ATM operators,despite the fact that no ATM providers have been parties to thecase and no specific ATM issues have been raised in the proceedingor addressed by the terms of the proposed settlement.

The trade group also pointed out to the court that the specificantitrust issues involving alleged anti-competitive conduct by VISAand MasterCard in the ATM industry are the subject of separate anddistinct antitrust litigation now pending before the U.S. DistrictCourt for the District of Columbia.

“NAC is pleased that the proposed settlement by VISA andMasterCard represents an effort to address claimed anticompetitiveconduct by these companies in the merchants' setting,” said NACExecutive Director Bruce Renard. “Likewise, NAC remains committedto vigorously pursuing relief from the anticompetitive price fixingconduct exhibited by these same firms in the ATM sector.”

U.S. District Court Judge Amy Berman Jackson is hearing theNAC's antitrust class action law suit in a consolidated case withseveral related consumer class action cases filed against VISA andMasterCard for alleged anticompetitive price fixing in the contextof ATM network and transaction services, the association said.