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Old Mar 21, 18, 6:36 am
Join Date: Apr 2014
Programs: UA GS, Marriott/SPG Amb, Hyatt Explorist
Posts: 869
Originally Posted by garykung View Post
This lawsuit will not survive FRCP 12(b)(6) motion.

Assuming all the allegations are true, there is no direct allegation saying that consumers are harmed because of the agreements. Just because the hotels have been engaging the alleged practice, it does not mean consumers are harmed by the agreements.

In that case, the plaintiff lacks standing to bring suit.
Plaintiffs allege consumers are harmed by higher prices than would exist without this agreement.
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