SAN FRANCISCO (CN) – An online book buyer lacks standing to file a class action challenging a relationship between Borders and Amazon.com, the 9th Circuit ruled.
Gary Gerlinger challenged a 2001 marketing agreement that directs Borders’ online customers to a mirror site operated by Amazon.
Judge Schroeder found that because Gerlinger never paid more for a book as a result of the agreement, he was not harmed by it.
Borders was struggling to operate its Web site when it decided to work with Amazon. Borders receives a commission, while Amazon gets the business of customers who are loyal to Borders.
Gerlinger objected to the fact that Borders had allegedly agreed not to participate in the online book market.
In response, Amazon vice president Steve Kessel testified that in several instances, book prices decreased as a result of the Amazon-Borders agreement.